1. Introduction
In an era where data forms the backbone of the modern world, satellites have become indispensable tools, collecting vast quantities of information from Earth’s surface every single day. From tracking climate change to monitoring deforestation, satellite data is critical for global governance, industry, and environmental stewardship.
Yet, as the use and demand for satellite remote sensing grows, so too do the complex legal and ethical questions surrounding the ownership and control of this data. As satellite technologies evolve and more data is captured from space, the gaps in international law regarding data sovereignty have become increasingly pronounced. The UN Remote Sensing Principles, adopted in 1986, attempted to address some of these concerns by regulating data access between states. However, these principles focus primarily on state interests, largely ignoring the privacy and ownership rights of individuals, corporations, and even the sensed states themselves.
Without modern, clear legal frameworks in place, we find ourselves navigating a rapidly changing space environment where access to data is determined more by economic power and technological capability than by principles of equity and fairness.
2. Gaps in International Space Law on Data Sovereignty
International Space Law provides a broader framework for the exploration and use of outer space but it does fall short while addressing the complex issue of data sovereignty, the big question who truly owns and controls the data collected by satellites? We might assume that the data is owned by the organisation that collects it, but no, it is not that simple or straightforward. In many cases, data protection laws mean that the people or entities whose data is being collected may have the ownership rights, even if they are not the ones to collect the data. Moreover, even when an organisation collects the data, it may not be able to fully extract its value so they collaborate and get involve with other organisations.
One of the key legal frameworks that attempted to regulate data collection from space is the UN Remote Sensing Principles adopted in 1986. The idea behind these principles was to create a balance between the sensing states(those operating satellites) and the sensed states(ones being observed). While these principles aimed to ensure non-discriminatory access to satellite data, they left many important questions unanswered. For example, the principles don’t really define who owns the data collected from a sensed state’s territory, nor do they provide clear ways to apply data-sharing agreements or protect the privacy of individuals and companies. The current international space law prioritises the freedom of sensing states to collect data while offering little protection to the privacy rights of the states being observed or their citizens. The idea that a country has the right to control information about its own resources or activities known as state privacy is noticeably missing from international treaties. This leaves states with limited options when it comes to pushing back against unwanted surveillance or data collection from space.
Also, the rise of private satellite operators has only made things more complicated. While the Outer Space Treaty places responsibility for space activities on states, including activities conducted by private companies, it doesn’t reflect today’s reality. Now, it’s private companies leading the charge in satellite data collection. This creates a legal grey area where private firms control vast amounts of data without any clear obligations to share it or safeguard the privacy of the sensed states.
3. The Role of Remote Sensing and Private Companies in Satellite Data
The advancement in remote sensing technology has been one of the most transformative
developments in space sector. Remote sensing allows satellites to gather detailed information about Earth’s surface without any physical contact. This data has become invaluable for a range of
applications, from environmental monitoring and disaster management to military surveillance and commercial ventures.
Today, private companies such as SpaceX and Planet Labs are at the forefront of satellite data collection, controlling vast amounts of critical information. These companies gather data that can be used for commercial purposes, sold to governments, or restricted entirely depending on their business models. This creates a legal grey area, where private companies are not always obligated to share data or ensure its fair distribution.
The rise of private satellite operators complicates the issue of data sovereignty further. In the past, satellite activities were primarily led by states, and international treaties were drafted with this in mind. Now, private entities dominate the scene, and many of the current regulations don’t account for their growing influence. This shift means that private companies can effectively monopolize access to satellite data, controlling not only who gets the data but also how it’s used. Without updated legal frameworks, there is a risk that data collected from space perhaps one of the most important resources of the 21st century could be controlled by a select few, leaving others, particularly developing nations, without equitable access to critical information.
4. Conclusion: The Need for Updated Legal Frameworks
As satellite technology continues to evolve and remote sensing becomes more advanced, the question of who owns space data has become one of the most pressing issues in international space law. Satellites are now capable of collecting vast amounts of detailed information from across the globe, and while this data is invaluable for a range of applications, from climate monitoring to urban development, it raises profound legal and ethical concerns about data sovereignty and privacy.
The current international legal framework, led by the Outer Space Treaty and the UN Remote Sensing Principles, provides only a partial answer to these challenges. These documents, while well intentioned, were drafted in an era when state-led space exploration was the norm. As a result, they leave critical gaps when it comes to regulating data collected by private companies, protecting the privacy rights of individuals and states, and ensuring fair access to satellite data.
To address these gaps, there is a clear and urgent need for updated international legal frameworks that not only define data ownership but also ensure equitable access to satellite data for all nations, safeguard privacy, and establish clear obligations for both states and private entities. As space becomes an increasingly commercialized domain, we must ensure that the benefits of satellite data are shared fairly, and that the principles of equity, transparency, and accountability are at the heart of the next generation of space law.
References
- Butchard, P., & Mills, C. (2022, January 26). International Regulation of Space. commonslibrary.
- Dunk, F. v. (2015, February 27). Chapter 9: Legal aspects of satellite remote sensing. elgaronline.
- Leung, D., & Purdy, R. (2013). Outer Space Law Principles and Privacy. In F. G. Dunk, Evidence from Earth Observation Satellites: Emerging Legal Issues (pp. 243–258). Brill. [Retrieved from digitalcommons].
- Martin, A.-S. (2020). The 1986 United Nations Principles on Remote Sensing Dealing with the Dual-Use Nature of Space Imagery. International Institute of Space Law, 18.
- United Nations. (2017, May). V1605998-ENGLISH. unoosa.