Modern reconnaissance : a study of recreational drones and its legal implications on the right to privacy / Valiant A. Dayagbil II.
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: v,92 pages leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: Unmanned Aerial Vehicles(UAVs), commonly known as drone have been used in the Philippines not only as a military weapon but also utilized nowadays either for commercial activities or for recreational purposes. With the sharp development of drones,mainly for recreational purposes, it raises a serious question as to whether the use of such drones would violate one's fundamental right to privacy. It is the goal of this study to determine the legal implications on the right to privacy by the use of recreational dronse. The study also looks into the sufficiency of the existing Memorandum Circular issued by Civil Aviation Authority of the Philippines (CAAP) to the drone users.
The study utilized the qualitative research in analyzing the legal implications on the right to privacy. A research-design and an interview guide were utilized to determine the primary uses and advantages of drones, problems encountered with drones, and the legal implications of privacy. Content analysis was uses to determine the sufficiency of the CAAP memorandum circular and thematic analysis on narrative reponses of the key informants.
The results of the study showed that drones are used for recreational purposes and its advantage is its wide aerial perspective. It was revealed that the problems encountered by the operators in operating drones vary from one another. Likewise, the government faces several issues as the compliance of the CAAP memorandum circular mainly because of lack of information dissemination and strict enforcement. The use of recreational drone may entail legal implications on the right to privacy especially if a person has a reasonable expectation of privacy and it is violated. The reasonableness of a persons expectation of privacy depends on a two-part test: (1) whether, by his conduct, the individual has exhibited an expectation of privacy; and (2) this expectation is one that society recognizes as reasonable. Recreational use of drones has the potential to invade, advertently , or inadvertently, the right to privacy of persons when recreational drones enable the operator to access or see what otherwise is intended to be private. Because of its range, a drone may enable the operator to see something private without an actual physical intrusion. This study also exposed the insufficiency of the CAAP memorandum circular in addressing the issue and protection on the right to privacy, hence, it is recommended that the government particularly the legislature, should pass a law that would contain all the necessary provisions for the use and regulation of recreational drones, provisions that would safeguard the right to privacy and the corresponding penalties in case of violation thereof.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Reserved (Law) | T D33mo 2018 (Browse shelf) | Not for loan | 3UCBLL00008549 |
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Thesis (Degree of Juris Doctor)-- University of Cebu-Banilad, 2018.
Includes references (leaves 72-76).
Summary: Unmanned Aerial Vehicles(UAVs), commonly known as drone have been used in the Philippines not only as a military weapon but also utilized nowadays either for commercial activities or for recreational purposes. With the sharp development of drones,mainly for recreational purposes, it raises a serious question as to whether the use of such drones would violate one's fundamental right to privacy. It is the goal of this study to determine the legal implications on the right to privacy by the use of recreational dronse. The study also looks into the sufficiency of the existing Memorandum Circular issued by Civil Aviation Authority of the Philippines (CAAP) to the drone users.
The study utilized the qualitative research in analyzing the legal implications on the right to privacy. A research-design and an interview guide were utilized to determine the primary uses and advantages of drones, problems encountered with drones, and the legal implications of privacy. Content analysis was uses to determine the sufficiency of the CAAP memorandum circular and thematic analysis on narrative reponses of the key informants.
The results of the study showed that drones are used for recreational purposes and its advantage is its wide aerial perspective. It was revealed that the problems encountered by the operators in operating drones vary from one another. Likewise, the government faces several issues as the compliance of the CAAP memorandum circular mainly because of lack of information dissemination and strict enforcement. The use of recreational drone may entail legal implications on the right to privacy especially if a person has a reasonable expectation of privacy and it is violated. The reasonableness of a persons expectation of privacy depends on a two-part test: (1) whether, by his conduct, the individual has exhibited an expectation of privacy; and (2) this expectation is one that society recognizes as reasonable. Recreational use of drones has the potential to invade, advertently , or inadvertently, the right to privacy of persons when recreational drones enable the operator to access or see what otherwise is intended to be private. Because of its range, a drone may enable the operator to see something private without an actual physical intrusion. This study also exposed the insufficiency of the CAAP memorandum circular in addressing the issue and protection on the right to privacy, hence, it is recommended that the government particularly the legislature, should pass a law that would contain all the necessary provisions for the use and regulation of recreational drones, provisions that would safeguard the right to privacy and the corresponding penalties in case of violation thereof.
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