Satellite Earth Observation and National Data Regulation

Abstract

National space law in general aims to implement a State's obligations under the UN Space Treaties to authorize and supervise public and private sector space activities and to limit the liability risk exposure of a State. However, Earth observation data regulation is becoming of increasing importance as the Earth observation sector becomes more mature, although until recently only a few States have enacted legislation for private Earth observation activities. The purpose of this article is to review the situations in five countries that have so far created Earth observation data regulations, namely Canada, France, Germany, Japan, and the United States. The relevant laws and regulations for each country are reviewed and assessed, followed by the identification of common trends in Earth observation data regulation and legislation. The conclusions of the article point to a growing need by nations to focus on Earth observation data regulation as the result of technology developments, national security considerations, and increased international competition.