## 4 Setting the Limits between Conflicting Rights
### Specific Legislation on Remote Sensing Technologies
Recent Commission Delegated Regulation (EU) 2019/94514 which applies since 1 July 2020 has divided drones into classes in terms of their technical characteristics (open, specific and certified category) and lays down the requirements for the remote identification of drones, which is very important in helping to determine the operator of the drone, serving thus for more effective privacy protection in the use of drones ([PERSON] and [PERSON], 2020). However, for classes C0 and C4, which are technically simpler and therefore more accessible to the majority of people, no requirement of a direct remote identification equipment is included. In addition, Commission Implementing Regulation (EU) 2019/947 of 24 May 201915 on the rules and procedures for the operation of unmanned aircraft, being in effect and applying since 1 July 2020, includes requirements for the implementation of three foundations of the U-space system, namely registration, geo-awareness and remote identification, which will need to be further completed. According to the Preamble of this Regulation par. 14 and 16: \"Operators of unmanned aircraft should be registered where they operate an unmanned aircraft which, in case of impact, can transfer, to a human, a kinetic energy above 80 Joules or the operation of which presents risks to privacy, protection of personal data, security or the environment\"... \"Considering the risks to privacy and protection of personal data, operators of unmanned aircraft should be registered if they operate an unmanned aircraft which is equipped with a sensor able to capture personal data\". This is a clear safeguard clause but it is still questionable how alone the registration of operators would be effective for privacy issues if for classes C0 and C4, there is no requirement of a direct remote identification equipment. In addition, Article 11 of the Regulation 2019/947 states the rules for conducting an operational risk assessment while Article 18 (h) and (i) of the Regulation imposes the development of a risk based oversight system and an audit planning for certain drone operators, but it seems difficult to perceive how Article 35 GDPR16 via a vis Article 11 and 18 of the Regulation 2019/947 could complement each other ([PERSON] and [PERSON], 2020). To sum up, the new legislation at EU level, namely Regulations 2019/945 and 2019/947, establish registration and remote identification requirements in the use of drones, making thus a huge contribution to the effectiveness of privacy and personal data protection, but with exceptions that could possibly undermine this goal, while there are still some unclear points of the risk assessment mechanism set. Footnote 13: Regulation (EU) 2018/1139 of the European Parliament and the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No. 2111/2005, (EC) No. 1008/2008, (EU) No. 996/2010, (EU) No. 376/2014 and Thevices 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No. 552/2004 and (EC) No. 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No. 3922/91 Preamble para 28. Footnote 14: Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems. Footnote 15: Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft. Footnote 16: In Article 35 GDPR data protection impact assessment is ruled in 11 paragraphs. In particular, it is ruled when and how a data protection impact assessment is conducted in Member States. Apart from the above mentioned specific legislation on remote sensing technologies, it is important to assess the parallel application of International and European Union Law on the protection of privacy and personal data when using remote sensing technologies.