Abstract

As the commercial satellite remote sensing has grown to bear the typical features of data industry, the relevance of data law to this industry sector has become apparent. However, the data law differs significantly from one jurisdiction to another. The difference is especially big with regard to the regulation on profiling. Given such feature of data law, it should be crucial that the data law does not undermine the internationally recognised principle of the freedom of remote sensing activities, pronounced in the United Nations Principles of Satellite Remote Sensing. It is the cause of difficulties that the commercial satellite remote sensing faces, because the satellite data most likely threatens the personal privacy when used as part of the “big data” and identifies a person through profiling. One possible solution may be to interpret and implement the data law in a manner that least compromises the principles on satellite remote sensing developed by the space law. Another, more practical solution is to develop private arrangements, requiring the data provider to guarantee compliance with the relevant data law, as well as indicating the standardised conditions for trade in data on the platform. Lawyers should find the way to respect both the space law and data law and ensure that the “free flow of data with trust” is realised for satellite data.