Accessibility of Earth Observation Data in African Space Law
Utilization of Earth observation data has advanced significantly, contributing to addressing various Sustainable Development Goals in South Africa. However, existing legislation presents challenges in accommodating the private sector and safeguarding personal data privacy rights. This raises concerns about potential misuse of EO data and the need for legal mechanisms to prevent such misuse.
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Presentation Transcript
Law Space Africa Accessibility of EO Data Concerns and Recommendations
About Me Nompumelelo N.S. Nzimande Legal and Policy Officer - Admitted Attorney - LLB (UKZN) - LLM in Maritime Law (UKZN) - LLM in Air and Space Law (Leiden University- Netherlands)
Use of EO Data Earth observation data use has grown tremendously over the years, and utilized to accelerate progress to address different SDG s, including but not limited to: Clean water and sanitation; Climate action, and No poverty. All which are pertinent to South Africa.
International Treaty None of the five space law treaties(Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement) address earth observation. Remote Sensing Principles, 1986 Sensed State should have access to the data as soon as it available on a non- discriminatory basis. Principle XII (12)
Current Legislation (read together) Space Affairs Act 84 of 1993 as amended; Licensing, Limitation of Liability - does not address EO laws. the Spatial Data Infrastructure Act, 54 of 2003, as amended, Section 11 requires adherence to standards for the sharing of spatial info standards are not easily accessible. Appendix C Standard for the Acquisition of Digital Aerial Imagery, 2022. the South African National Space Agency Act 36 of 2008, as amended. Section 5(1)(d) sharing of satellite imagery for any organ of State. SANSA through SAEOSS has developed data sharing policy where data accessed via SAEOSS is regarded as being in the public domain and therefore is used free of charge. https://www.sansa.org.za/wp- content/uploads/2018/05/DST-SAEOS-Strategy.pdf
Legislation vs Policy Legislation binding on the industry. Policy is a recommendation, a guideline.
Problem The legislation, although in many respects relevant, falls short in some areas: Accommodating the private sector in the provision of EO Data; and the dissemination of private and personal data, in light of the right to privacy under section 14 of the Constitution ( the right to be left alone), and Protection of Personal Information Act (POPIA). A question to be asked is whether the EO data can be used in a malicious manner and how the law should create mechanisms to avoid this.
Solution Update of the laws applicable to EO Data to facilitate the Protection of Personal Data. Update the laws to incorporate private sectors. Update the laws to ensure the safe use of the data.
THANK YOU! Nompumelelo N.S. Nzimande https://www.lawspaceafrica.org/ info@lawspaceafrica.org Image: https://i0.wp.com/www.middleeastmonitor.com/wp-content/uploads/2017/11/turksat-4a-180914-1024x546.jpg?resize=1024%2C546&quality=75&strip=all&ssl=1
