## 4 Setting the Limits between Conflicting Rights
### Specific Legislation on Remote Sensing Technologies  
Satellite remote sensing is subject to international space law. The Outer Space Treaty and the four follow-on treaties consist the most important documents for international space law. They have not been recently modified. There is to observe a lack of relevant and precise guidance in the Outer Space Treaty on issues of privacy related to VHR satellite data. Further, in the four follow-on treaties on space no specific provision is included, as no consideration has been given to privacy aspects and the respective protection. This is due to the fact that at the time these major space treates were drafted no consideration was given to privacy protection ([PERSON], 2013). Only the Convention on International Liability for Damage Caused by Space Objects rules in Article II that \"A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight10\". Taking into account that the term \"damage\" in Article I (a) is defined as the \"loss of life, personal injury or other impairment of health\", it can be claimed that a violation of an individual's privacy right can be potentially construed as an impairment of health under this Convention. Such an interpretation is based on the World Health Organization's definition of health11, according to which health is \"a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity\" ([PERSON] and [PERSON], 2019). In this sense, targeted surveillance or even the fear of constant surveillance by satellite remote sensing may disturb people's mental and social well-being and cause \"damage\" under the Convention on International Liability for Damage Caused by Space Object. Finally, neither the Resolution 41/65 on the Principles of Remote Sensing of the Earth from Outer Space focuses at all on privacy matters. Footnote 10: Convention on International Liability for Damage Caused by Space Objects (1972), Available online: [[https://www.unoaos.org/pdf/gares/ARES_26](https://www.unoaos.org/pdf/gares/ARES_26)]([https://www.unoaos.org/pdf/gares/ARES_26](https://www.unoaos.org/pdf/gares/ARES_26)) _2777E.pdf (accessed on 5 May 2021). International law regarding unmanned aircraft systems clearly states a need for harmonization comparable to that of manned operations, even though drones are subject to national civil aviation law of the member States12. However, in such international contexts there is again no clear reference to privacy and personal data matters. Footnote 11: Preamble to the Constitution of the World Health Organization, reprinted in Final Acts of the International Health Conference, U.N. Doc. E/155, at 11 (1946). Nevertheless, especially for drones, there is to mention a recent trend for detailed regulation in European level. Regulation (EU) 2018/1139 clearly recognizes the threats for privacy and personal data protection by the use of drones: \"The rules regarding unmanned aircraft should contribute to achieving compliance with relevant rights guaranteed under Union Law, and in particular the right to respect for private and family life, set out in Article 7 of the Charter of Fundamental Rights of the European Union, and with the right to protection of personal data, set out in Article 8 of that Charter and in Article 16 TFEU, and regulated by Regulation (EU) 2016/679 of the European Parliament and of the Council13\({}^{\prime\prime}\). Generally, the Regulation (EU) 2018/1139 serves for the protection of privacy in such use by setting what should be achieved.