What just happened?
In the bleak times of COVID-19, contactless delivery through using drones can facilitate an effective way to deliver medical supplies, COVID-19 test samples and other medical equipment. Notably, China's Antwork drone delivery start-up already made deliveries of medical supplies to the People’s Hospital of Xingchang in Shaoxing, China. This was to help the hospital respond to the then developing coronavirus emergency in China. [1]
On the other side of the world, American drone start-up EagleHawk has been testing a new feature on its drones that enables the machines to fly over stadiums and spray disinfecting substances to kill COVID-19. [2]
Other drone providers found their way to support via airlifting schoolbooks to students, food supplies to citizens doorsteps, or enforcing social distancing. [3]
What does this mean?
A futuristic yet feasible option, there are a few benefits to using drones in the COVID era.
Uninhibited by traffic, these drones provide prompt delivery of items. This ensures that the community remains self-sufficient and able to effectively fight against COVID-19. While testing people for COVID-19 usually involves direct contact, drones can relieve the need for some close face-to-face transactions. Drones have been modified to take human temperature readings at a distance. On March 26, Draganfly began working with the Australian Department of Defence and University of South Australia to monitor coronavirus-related symptoms, including elevated body temperature. [4]
Spanish soldiers in Madrid testing the DJI Agras MG-1 drones in April. (Photo courtesy of Handout)
Drones have been used to provide at-a-distance sanitation to public spaces and surfaces, reducing the need for human labour spread of COVID-19. [5] Loudspeakers are mounted on drones by the police in Nice, France, to help disperse prohibited public gatherings while maintaining a distance from them. [6]
How does it impact the legal sector?
With COVID-19 forcing people to stay home, drone usage has become more frequent. Governments need to introduce legislation that allows for drone delivery to proliferate. These include regulations permitting beyond-visual-line-of-sight (BVLOS) operations. Such regulations permit unmanned flights outside of the physical sight of the drone operator and allow for autonomous operation of drones.
Countries like Canada have in place regulations for the operation of drones within the operator’s visual-line-of-sight, although Transport Canada has indicated that BVLOS regulations can be expected in the not-so-distant future. Additionally, drones (including all attachments to the drone) that weigh more than 25kgs must operate pursuant to a special flight operations certificate (SFOC) from Transport Canada. [7] Drones and all attached items need to weigh less than 25kg in order to fit within the existing regulatory framework. [8] This may not always be possible for heavier medical equipment.
Therefore, governments need to take into account the public health threat that COVID-19 has posed and relax restrictions on drone flying in order to provide various community services. This also applies for sanitation and broadcasting using drones.
Public temperature testing is used almost worldwide to rapidly identify illness. While drones can accurately acquire information, drone operations are subject to the overlay of various laws in democratic countries like the UK, Canada, and the US, where human rights are prevalent and privacy laws enforced stringently.
Thermal Imaging (Photo Courtesy of AHN YOUNG-JOON/ASSOCIATED PRESS)
Privacy laws in Western countries are based on the level of privacy citizens reasonably expect in given circumstances. Understandably, on a normal basis people will not reasonably expect to have their temperature taken as they go about their life outdoors. Thus, individuals and civil rights groups may argue that this is an unreasonable intrusion on personal privacy. [9]
Furthermore, consent of the person whose temperature is being taken may be required. This may prove problematic. On one hand, temperatures are needed for a record to be established for the safety of society. On the other, people challenge what they may view as government overreaching.
This is a difficult balancing act indeed.
Reassess and navigate
Governments need to assess the social implications of their COVID-19 measures so as to tackle COVID-19 effectively yet not overstep their boundaries. Yet again, this is highly difficult to achieve.
Therefore, governments should consult advisories to make well-informed decisions about support activities and policing using drones. If governments are able to realise the significant role that drones play in tackling the pandemic, they should then aggressively fund research opportunities for drone innovations.
By Nickolaus Ng
Assessing Firms:
#Dentons #NortonRoseFullbright #Kennedys
References:
[1] Li Nian Zhen, ‘How a Chinese drone company is startup is capitalizing on COVID-19’ (Asian Nikkei, 21st March 2020) <https://asia.nikkei.com/Business/Startups/How-a-Chinese-drone-delivery-startup-is-capitalizing-on-COVID-19>
[2] Aaron Pressman, ‘Drone Industry flies higher as COVID-19 fuels demand for remote services’ (Fortune, 13th July 2020) <https://fortune.com/2020/07/13/coronavirus-drones-dji-wing-flytrex-covid-19-pandemic/>
[3] Che Pan, ‘Spain’s military uses DJI agricultural drones to spray disinfectant in fight against Covid-19’ (SCMP, 1st April 2020) <https://www.scmp.com/tech/gear/article/3077945/spains-military-uses-dji-agricultural-drones-spray-disinfectant-fight>
[4] Luke Dormehl, ‘Pandemic drones that can detect fevers and coughing will soon take to the skies’ (digitaltrends, 26th March 2020) <https://www.digitaltrends.com/cool-tech/draganfly-drones-detecting-covid-19/?itm_medium=editors>
[5] n3
[6] Maya Nikolaeva, ‘On French Riviera, overhead police drone gives coronavirus orders’ (Reuters, 20th March 2020) <https://www.reuters.com/article/us-health-coronavirus-france-drone/on-french-riviera-overhead-police-drone-gives-coronavirus-orders-idUSKBN2171N5>
[7] Transport Canada, ‘Get Permission for Special Drone Operations’ (Government of Canada, 14th October 2020) <https://tc.canada.ca/en/aviation/drone-safety/get-permission-special-drone-operations>
[8] ibid
[9] Dsal Yoon et.al., ‘How Coronavirus Is Eroding Privacy’ (The Wall Street Journal, 15th April 2020) <https://www.wsj.com/articles/coronavirus-paves-way-for-new-age-of-digital-surveillance-11586963028>