Drones Operations in Kenya: Perspectives on Privacy Challenges and Prospects

Abstract

Kenya has enacted the Civil Aviation (Unmanned Aircraft Systems (UAS)) Regulations 2020 to regulate various aspects of operating, owning or otherwise dealing in UAS, commonly referred to as drones. As expected, the Regulations address security, safety, and privacy concerns arising from the operation of UAS. This article analyses the unique privacy concerns arising from use of civilian UAS; determine adequacy of the drone-specific protection mechanism adopted under the Kenyan law; and determine the role played by the Regulation in balancing the privacy concerns of the citizenry in light of the intrusive nature of drone use. It is observed that other than creation of institutions, the Kenyan legal framework adopts rules on distance between objects and drones, and on fixing of photographic apparatus on drones as crucial means of addressing privacy concerns. Comparatively, however, privacy issues remain peripheral in comparison with the prominence given to security and safety issues in drones’ operations. This article posits that the prospects of addressing the privacy concerns are donned with challenges arising from the peripheral role of privacy. Consequently, it moots that this is possibly influenced by similar inadequacies existing under international law as principally set down under the Chicago Convention of 1944. Civil Aviation, unmanned aircraft systems, regulations, drones, privacy, Kenya, ICT