By Rasika Gupta
Remember the first time you saw Wall- E? (If you haven’t, you’re missing out on the cutest galactic love story between robots (see link to the trailer https://youtu.be/CZ1CATNbXg0?feature=shared). If you know the movie, were you on the edge of your seat, rooting for Wall- E and EVE to save Earth?
In the movie, we are introduced to a spaceship full of passengers who have been evacuated to space as rampant consumerism and corporate greed have collectively destroyed earth, transforming it into an uninhabitable, rubbish-strewn wasteland.
Rewatching Wall- E as a privacy professional leads me to see aspects of the movie in a whole new light. Had the passengers for example provided their consent to the automated decision making done by the spaceship? What measures were in place to protect the passengers’ sensitive health data? Did they know they were being monitored? Do you see where I am going with this?
On a serious note, what does happen to our privacy rights in space? More importantly, is this something that future astronauts dreaming of space travel need to consider? With space becoming a popular commercial destination, this got me really thinking.
You know how people joke that Big Brother is always watching them? Well, for astronauts, it is the truth. Imagine being in a voluntary prison where every bite of food you take is tracked by NASA’s biochemistry team[1], and every move monitored.[2] Picture yourself co-habiting cramped cabins for periods of six months or more and having every video call to family members in those close quarters censored and observed. Whilst we might not worry too much about data privacy in space right now, with commercial space travel on the rise, it could become a very real issue soon. If you are planning to jet off to another cosmos (instead of a tropical island), you might want to consider what happens to your privacy rights up there.
NASA, in particular ensures privacy through its Privacy Program which aligns with federal privacy laws such as the Privacy Act of 1974. It also maintains and publishes Privacy Impact Assessments[3] (a fun read for space enthusiasts), System of Record Notices and a web privacy policy.
However, the concept of Outer Space is not new. The Kármán line defines it as the boundary between the Earth’s atmosphere and outer space, often taken to encircle Earth at an altitude between 80–100 km above mean sea level. While the Airspace and Near Space might arguably come under the state’s respective sovereign territory, Outer Space remains to be an ambiguity since it belongs to all mankind. [4]
So, what happens if you are one of the lucky few who crosses this boundary? What law is applied under such circumstances?
For many people, the GDPR may spring to mind. But interestingly, it makes no mention Earth or specific cases happening outside Earth/ in space. It addresses situations when relevant entities are based in the European Union. Thus, we have in effect a dandy little loophole that works out perfectly for organisations since they may not be subjected to the GDPR when they transfer personal data to Outer Space or have their data subjects in Outer Space.
Conversely, if we consider legislations from other countries whether The Protection of Personal Information Act, 2014 of South Africa (POPIA), India’s Digital Personal Data Protection Act (DPDP) or USA’s California Consumer Privacy Act for example, it is equally unclear if any of these apply in Outer Space.
Unfortunately, when these regulations were penned, the foresight to consider the final frontier was not considered. A logical next step is to consider whether to extend these existing laws to Outer Space or to create a new universal law that applies to everyone, regardless of nationality. Until this matter is resolved, we are left navigating the cosmos without a legal GPS. It is a little like writing the rules for a game of Monopoly but forgetting to include the instructions for when you land on Mars.
Consider this:
Imagine you are on a commercial space flight, excited to experience zero gravity and see Earth from space. As you float around the cabin, you notice that the sensors tracking your health data are acting up, giving wildly inaccurate readings. One moment, it says your heart rate is through the roof, and the next, it claims you are in perfect health. Meanwhile, the security team is on high alert. It does not help that ensuring the integrity of data in space is a constant challenge due to the harsh environment and potential cyber threats.
Communication delays add to the chaos. You are trying to send a message back to Earth, but by the time it gets through, it is already outdated. Then there is the issue of purpose limitation. The data collected during your flight is supposed to be used for research, but without clear regulations and oversight, who knows what else it might be used for?
Storage is another bottleneck. The limited storage capacity on the spacecraft means the crew must be very selective about what data to keep and what to delete. And let us not forget about the supervisory authority, since identifying who oversees data protection in space is ambiguous.
Lastly, accountability is a major concern. Space missions involve multiple stakeholders, from government bodies to private companies and international organisations. Coordinating data protection efforts among these diverse entities is complex, and any lapses in accountability can result in data breaches.
As you float around the spacecraft, pondering these data protection challenges, you cannot help but wonder: will we ever have a universal law that applies to everyone, regardless of nationality?
Young Rasika loved the idea of floating through space and meeting friendly aliens. Fast forward to today and instead of mingling with Martians, I find myself knee-deep in data privacy laws, trying to figure out how they might apply to the final frontier. It is not quite the space adventure I imagined, but it is a fun one, nonetheless.
If you are an extra-terrestrial with a knack for legal nuances or just someone happily stuck in a GDPR-recognised location, feel free to chime in. Navigating data privacy in space is like trying to find your way home without a GPS - tricky, but not impossible.
Just like Wall- E, who worked tirelessly to steer the ship back to Earth, we too must make sure our journey through the digital cosmos is guided by robust privacy laws. Here’s hoping Wall- E is at the helm, steering us towards a future where privacy is protected and respected.
[1] FAQ: The Real Story About Astronaut Health Care in Space - NASA
[2] Ask Our Astronaut | Do astronauts get any privacy in space or are they constantly being watched? | Euronews
