Drone Businesses: Aircraft Registration, Permission for Specified Flights and Personal Information in Aerial Photography
Hello, I'm Noriaki Asato, Representative Attorney at LegalAgent.
The use of drones is spreading across a wide range of fields, such as logistics, inspection, surveying and security, and it has become a major business opportunity for startups as well. At the same time, in the drone business the issues to consider extend beyond registration and permission under the Civil Aeronautics Act to the skills of operators and day-to-day flight operations management. The question is not only whether the aircraft can fly, but whether it can be operated safely in the field.
The Registration Requirement for Unmanned Aircraft Weighing 100g or More
The Ministry of Land, Infrastructure, Transport and Tourism provides guidance on the system for unmanned aircraft weighing 100g or more that are flown outdoors, including registration applications, display of the registration code and installation of a Remote ID function. Remote ID is required in principle, but there are certain exemption conditions, so check it separately from aircraft registration. If you use drones in your business, first confirm that aircraft registration has been completed.
Beyond simply purchasing the aircraft, you need to be in a position to track who registers and manages it and which aircraft was flying at the time of an accident. When using multiple aircraft, preparing a management register linking aircraft numbers, uses and inspection histories makes it easier to check the condition of the aircraft concerned in the event of an accident.
Permission and Approval for Specified Flights
Under the Civil Aeronautics Act, prior flight permission and approval are in principle required for flights such as those over densely inhabited districts, at night, beyond visual line of sight, and flights that cannot maintain a certain distance from people and property. For some Category II flights, permission and approval may not be required if prescribed safety requirements are met, such as the weight of the aircraft concerned, aircraft certification, an operator skill certificate and measures to control entry, but site-by-site checks cannot be omitted.
When flying drones for business, check the flight plan, airspace and flight method for each site. This is because, even if the customer specifies a date and time, there are situations in which the flight cannot be carried out unless permits, weather and safety checks are in place. I think it is desirable to set out, at the contracting stage, the criteria for deciding whether a flight can proceed or should be postponed or cancelled, and the allocation of responsibility for obtaining permits.
The Setup Required for Level 4 Flights
The system for Level 4 flights, which are flights beyond visual line of sight without observers over populated areas, has also been put in place. However, carrying out a Level 4 flight presupposes, in addition to Class 1 aircraft certification and a First-Class Unmanned Aircraft Pilot Certificate, the necessary flight permission and approval and compliance with operating rules.
If you are considering Level 4 flights for logistics, security or inspection, design everything from the proof-of-concept stage, including the flight operations management system, accident response and insurance. Deciding early on a point of contact for coordination with local governments, the police, landowners and others as required by the flight location and method makes it easier to avoid rework later. If technical verification and regulatory compliance proceed separately, the plan may stall at the commercialization stage.
Personal Information and Infringement of Rights in Photography and Surveying
When photographing or surveying with drones, you need to consider not only the Civil Aeronautics Act but also the protection of privacy, portrait rights and personal information. This is because filming in residential areas, factories, schools and the like can unintentionally capture passers-by's faces, vehicle license plates and the inside of premises.
The contract should set out the filming area, the purpose of use of the data, provision to third parties and the retention period. If the use of the data is broadened after the fact, there is a risk that people who were captured will object to it as an unexpected use, so it is important to put the scope of use in writing at the initial contracting stage. However, a contract with the customer cannot dispose of third parties' rights such as privacy and portrait rights. Also check whether the filmed information can identify specific individuals, and consider separately the necessary consent and information management measures.
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