Earth Observation (EO) data products are the result of significant financial investments, resources and time, as well as the outcome of complex activities operated by a plethora of actors that follow different interests. The high “cost factor” of establishing and maintaining a space remote sensing system has led satellite operators to distribute data on a commercial basis, becoming a profitable industry. Private data owners aim to safeguard their profit interests implementing different kinds of “protection” on data products by putting a higher burden of cost on the users. Primary areas of investigation regarding the protection of generated data are data access policies, the articulate terms and conditions as well as restrictions of supply and use of data under which the operator is licensed, and the applicable Intellectual Property (IP) law regime. In the European context of copyright law, a step further is accomplished through the sui generis right for database (Database Directive 96/9/EC). The inconsistencies among the different practices of EO data generators concerning access policy and the applicable legal frameworks of IP rights leads to a lack of uniformity, a high level of vagueness and affect the legal interoperability of data. As a result of the fast-moving changes in the EO data supply sector, a comprehensive legal framework is highly requested. This paper will address the priorities which should be undertaken in its delineation. Among those, the rationalization of data access and the choice of open data access for applications beneficial to the society (e.g., climate protection) will be used as guiding principles.

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.

The 1986 United Nations Principles on Remote Sensing represent a fundamental tool within the international legal regime governing space activities. Indeed, they provide a set of non-binding provisions to guide States willing to conduct remote sensing activities. The paper considers these Principles in light of the dual-use nature of remote sensing technology and products, as well as given the “democratisation” of the use of Earth observation data. Nowadays, remote sensing satellites are operated in many civil, commercial and military applications. In this context, it is necessary to examine the scope of the Principles in order to figure out whether the current legal framework is appropriate, in particular given the dual-use nature of satellite imagery. In addition, some legal issues arise with regard to access to and processing of data which are generated by the private sector for governmental and military uses. In fact, it is now possible to extract military information from commercial and civil Earth observation programmes. So far, the Principles have continued to prove their value and usefulness. However, they do not have been reviewed, especially as regards the technological development of space systems and the evolution of data distribution. Lastly, the paper aims to analyse the Principles by taking into account the rule of access to EO data without discrimination but nevertheless limited for national security reasons.

Remote sensing satellites are applying in different fields for a long time. The last two decades have shown a growing trend towards an application of the remote sensing results in the litigation. In territorial, maritime and other disputes parties start using images acquired by remote sensing satellite as an evidence. Unfortunately, not all international judicial institutions take the remote sensing results into account in its decisions. One of the main obstacles is probability of providing falsified information by the numerous service providers in the remote sensing area. On the one hand remote sensing technologies are available to everyone, on the other hand, quality of such images or credibility can be challenged by the disputing party or by the Court itself. To resolve this problem a special universal independent organization-provider of the “pure data” can be created. Also, international space law is silent about possible ways how to share of the remote sensing data or whether it is necessary to establish a special fund. By contrast, States have already started to make governmental funds of remote sensing results at the national level. This paper attempts to suggest the best way of the consolidating results which have been made by the governmental, international non- and intergovernmental organizations for creating the world fund of remote sensing data. The article consists of 3 parts: analysis of the case study, forms of international cooperation of the States and organizations on the sharing/buying of the remote sensing date and international legal aspects of this issue.

In 1986 the UN General Assembly adopted the Remote Sensing Principles, a set of voluntary guidelines aimed to govern a newly established field of space activities. In the discussions that preceded the adoption of the Principles, States expressed their concerns about the new technology that enabled the continuous observation of the Earth from outer space. The concern that Earth observation would provide unfair advantage to the few States that were able to procure remote sensing satellites, combined with an effort to secure their corresponding national interests, prompted States to agree to conduct remote sensing activities on the basis of “respect for the principle of full and permanent sovereignty of all States over their wealth and resources and with regard to the rights and interests of other States and entities under their jurisdiction”. This paper will examine how the principle of respect to State sovereignty functions in light of the advancements in Earth observation applications, namely the improving resolution of satellite imagery, the capabilities of high-throughput satellites to store and disseminate data, as well as the growing convergence of space technology in non-space applications. In particular, it will examine the extent to which countries can exercise their sovereign right over information regarding territories under their jurisdiction, when this information is gathered by satellites. To this end, it will focus on the concept of sovereignty as it was formulated in the UN Remote Sensing Principles, by comparison to equivalent regimes for monitoring from the air and from the sea. Whereas space law establishes the freedom of exploration and use of outer space, an area outside the sovereignty of any State, air law, law of the sea and other fields of international law limit the freedom of conduct of other States within the territory under a State’s jurisdiction without that State’s explicit permission. The paper will also assess the benefits and drawbacks of the rapid development of Earth observation technology and the effects of the regulatory limitations in this regard. Ultimately, it will support that the current legal regime should not be interpreted as hindering the evolution of remote sensing, but as encouraging the identification and overcoming of the rising challenges, in order to enhance the benefits from Earth observation technology and its applications.