A new report from Europol examines the use of unmanned systems by law enforcement as well as activities and capabilities against the unlawful use of drones. It also highlights a critical gap in the development of law enforcement specific capabilities as unmanned systems’ development is often focused on either purely civilian or military applications.
“In order to prepare for the future operating environment, a number of concrete steps can, and should, be taken,” the report states. “These range from the development of a strategic intent, a clear will, and updating of tactical, operational and security paradigms regarding unmanned systems.”
The report – which covers all unmanned systems, not just unmanned aerial systems (UAS) – adds that European law enforcement would benefit from coming together in testing and evaluating unmanned systems for policing and law enforcement use and the countering of such systems in realistic settings. “For this to happen, a regulatory framework must be established with clear guidelines that support law enforcement innovation and testing, alongside investments in training and education for personnel,” Europol says.
Public acceptance is key for UAS operations but the already widespread use of police drones for surveillance purposes has repeatedly been met with public scepticism and concerns over misuse. European regulations governing the use of UAS have been advancing to address safety, security and privacy concerns. Europol says understanding public fears is essential as technological solutions must address emotional and social dimensions, in addition to those related to safety and legal compliance alone.
The agency concedes that there are still gaps in the current regulatory framework for drones. “One significant concern is that the regulations primarily address remotely piloted systems, leaving a void in terms of fully or even partially autonomous operations. There are no clear guidelines for autonomous operations, including fail-safes and human oversight requirements, which will challenge accountability assumptions and compliance with existing laws. Other gaps include the inconsistent application of regulations across Member States, such as beyond visual line of sight (BVLOS) operations. There is also ambiguity regarding consent and data handling for unmanned systems equipped with cameras or sensors. Moreover, the lack of mandatory remote identification systems hinders tracking, prevention, and investigation of drone-related incidents. Finally, there are no standardised geofencing requirements to prevent drones from entering restricted areas, which poses a significant risk to safety and security.”
C-UAS capabilities in the spotlight
The capability to counter rogue UAS at scale is limited, Europol says. “The relative distance between the threat and the capability to mitigate and protect has grown into a substantial gap. This gap is not only technological but also relates to regulations, training, data sharing and infrastructure. The increasing accessibility and versatility of drones as well as rapid, continuous innovation, (particularly displayed in Russia’s war on Ukraine) have led to serious security concerns.”
Governments, defence agencies and private sector companies are heavily investing in C-UAS technologies to detect, identify, track and neutralise rogue UAS. “Incidents involving suspected drone activity require a structured and consistent approach to information management,” the report states. “Experience shows that reports of unidentified aerial objects can quickly attract significant media attention and lead to the mobilisation of considerable resources, even when later analysis indicates that the observations likely concerned conventional aircraft or other benign phenomena. To ensure an efficient and proportionate response, initial assessment and information handling are of critical importance. When a suspected drone observation is reported, the first step is to determine whether the incident is genuinely abnormal or falls within the range of expected air activity. Relevant data sources, such as Air Traffic Control (ATC) primary radar, military radar and Automatic Dependent Surveillance–Broadcast (ADS-B) information, should be consulted to validate the report, supported by established communication channels with the owners or operators of these systems.”
In addition, Europol says that information relating to large, long-range drones should be clearly distinguished from that concerning small, short-range drones, as the likelihood of connection between incidents varies significantly.
A focus on military C-UAS uses does not help law enforcement’s counter-drone efforts, the agency says. “Most of the C-UAS applications are military applications which are solely addressing the threat of the drone and stopping it. However, this is much more complicated as the safety of the surroundings is a primary concern for law enforcement as they are generally tasked with stopping threats with minimal damage to the source of the threat. For example, cars are usually stopped, not destroyed – similarly, a drone may have to be stopped. Furthermore, from a forensic perspective, it is essential to have the drone as intact as possible to extract data in order to investigate what it was doing, as well as identify who controlled it, for intelligence and evidence purposes.”
Europol’s report contains a number of predicted scenarios for 2035, including a move from individual UAS to drone swarms and an increased use of drones by organised crime groups as well as ways in which law enforcement can effectively use UAS.
To address the concerns raised in the report, Europol makes several recommendations:
- Develop a strategic intent that outlines how law enforcement agencies want to respond to the development, use and potential misuse of unmanned systems, as well as their impact on society.
- Establish a “physical sandbox” environment that enables law enforcement to test, learn and adapt unmanned systems in a real-world setting, and facilitate international cooperation and collaboration on development, testing and procurement.
- Develop a comprehensive strategy to support the creation of EU-based regulation, standards and certification for safety, security, lawful use and interoperability.
- Establish a competence hub that connects internal teams to a centralised repository of knowledge, expertise and best practices.
- Invest in comprehensive training programmes for personnel that cover a range of topics, including regulations, use, countermeasures, investigation, forensics and protection related to unmanned systems.
- Build trust and transparency with society by establishing outreach, consultation and co-creation programmes to actively involve citizens.
- Integrate unmanned systems into existing information systems. This includes information access, information management and decision-making flows to enhance operational effectiveness.
- Develop a structured information flow regarding the criminal use of unmanned systems in Europe. Include forensic data to support counter-technologies.
- Establish a centralised standardisation and procurement process for technologies that benefit from coordinated and standardised purchases.
Europol is also calling for significant investments and joint innovation procurement processes as it is concerned that the development of unmanned systems is largely driven by non-EU companies, which the agency says poses a risk of critical dependence on foreign suppliers.
For more information
The Unmanned Future report at Europol
Image by the Swedish Police Authority, obtained via Europol
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