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Drone Law Brief | Vol 2: November 2025

  • Knowledge Team
  • 3 days ago
  • 8 min read

INDIA


  1. Digital Personal Data Protection Rules, 2025, notified 

The Government of India notified the Digital Personal Data Protection Rules, 2025, on November 14 - over two years after the Digital Personal Data Protection Act, 2023, was enacted. For the drone industry, which relies heavily on capturing visual data (images, video, LiDAR) of public and private spaces, these rules provide the consent mechanisms required for data collection. This is a compliance watershed for drone operators, particularly in surveillance and surveying:

  • Consent Architecture: Drone service providers must now implement a ‘verifiable consent’ mechanism before capturing personal data (e.g., identifiable faces or license plates) in non-public zones.

  • Data Fiduciary Status: Commercial drone operators will be classified as Data Fiduciaries, mandating strict data storage audits and grievance redressal mechanisms.

  • Data Minimisation and Privacy by Design: Manufacturers may need to update firmware to include ‘privacy masking’ features (such as automatically blurring faces) to avoid liability under the stringent penalty clauses of the new Rules.

  • Other aspects for drone operators to consider and plan for in due course are negative country list for cross-border data transfer and data breach notification requirements.


  1. New Aircraft Accident Rules notified with enhanced UAS related provisions

The Ministry of Civil Aviation (“MoCA”) on 07th November, 2025, notified the Aircraft (Investigation of Accidents and Incidents) Rules, 2025 (“2025 Rules”), under the Bharatiya Vayuyan Adhiniyam, 2024. These Rules replace the Aircraft (Investigation of Accidents and Incidents) Rules, 2017 (“2017 Rules”) issued under the erstwhile Aircraft Act, 1934. Some points to note: 

  • The 2025 Rules introduce updated provisions regarding unmanned aircraft, building upon the initial recognition provided in the 2017 Rules. The 2017 Rules defined an "accident" and "serious incident" for an unmanned aircraft based on the operational period i.e. the time from when the aircraft is ready to move with the purpose of flight until it comes to rest and the primary propulsion system is shut down. Both sets of rules specify that only unmanned aircraft possessing design or operational approval given by a State are to be considered for the purposes of the accident definition.

  • The 2025 Rules expand the regulatory vocabulary by introducing terminology to cover the full operational structure of remotely controlled flight. Key new terms include Remotely piloted aircraft (an unmanned aircraft piloted from a remote station), the Remote pilot station (the ground component containing the piloting equipment), and the C2 Link (the data link connecting the aircraft and the remote station). These are collectively defined as a Remotely piloted aircraft system.

  • The 2025 Rules focus on protecting the entire ground-to-air operational system for investigation purposes. Under Rule 7, concerning the protection of evidence, the 2025 Rules explicitly clarify that for a remotely piloted aircraft system, the "relevant material" that the Investigator-in-Charge must have access to and unrestricted control over includes the remotely piloted aircraft, its associated remotely pilot station, the required C2 Link, and any associated recordings and documents. This clarifies that evidence preservation obligations extend beyond the physical wreckage to cover the complete control infrastructure.

  • Operationally, the 2025 rules clarify notification responsibilities. While the 2017 Rules referred generally to the pilot-in-command for notification, the 2025 Rules specify that in the case of an unmanned aircraft, the remote pilot-in-command shall notify the authorities of the occurrence. Furthermore, the updated list of serious incidents integrates the remote operations field, listing remote pilot incapacitation under single-pilot operations, and adding a new criterion for unmanned aircraft requiring investigators to assess whether the incident's most credible escalation could have resulted in a person being fatally or seriously injured.


  1. CISF Seizes 22 High-End Drones at the Hyderabad Airport

It was reported that the Central Industrial Security Force (“CISF”)  intercepted 22 imported DJI Mini 5 Pro drones, valued at ₹26.7 lakh and suspected to have arrived illegally from Singapore, at Rajiv Gandhi International Airport in Hyderabad on 5th November, 2025. 

Under the Directorate General of Foreign Trade (DGFT) Notification No. 54/2015-2020 dated 9th February, 2022 the import of drones in Completely Built Up (“CBU”), Semi Knocked Down (“SKD”) or Completely Knocked Down (“CKD”) form is prohibited, except when imported by recognised government entities, defence/security agencies, educational/Research and Development institutions or approved drone manufacturers, and then only with prior authorisation from the DGFT in consultation with the relevant line ministries. Import of drone components does not attract any levy and is categorised as ‘Free’. 

Despite the prohibition, foreign-made drones led by DJI continue to dominate the market in India. Data publicly available on the DGCA's Digital Sky Portal on UINs issued show DJI drones make up for nearly 25% of the drones registered.


  1. IAMA raises concerns about the Draft Civil Drone (Promotion and Regulation) Bill, 2025

It was reported that the Indian Aeromodellers Association (“IAMA”) has raised concerns about the Draft Civil Drone (Promotion and Regulation) Bill, 2025. In a detailed representation sent to the MoCA, the IAMA pointed out that the Bill clubbed aeromodelling, which is a recreational and educational activity, with drones, which have industrial and commercial uses. It argued that the proposed framework, which mandates registration, licensing, type certification, and flight permissions is unsuitable for non-autonomous, manually flown model aircrafts and extending the same obligations on such aircrafts would effectively end aeromodling in India. 

  1. Delhi Police issues SOPs for usage of drones by the force 

It was reported that all 15 district units of the Delhi Police received 75 drones of various sizes which will be deployed for various purposes including crime scene documentation, crowd control, etc. It was also reported that ‘the Delhi Police has laid down a Standard Operating Procedure (SOPs) for drone usage, emphasising compliance with privacy, data protection, Human Rights Laws and compliance with the National Aviation Authority Regulation & The Drone Rules, 2021. They cannot be used for unauthorised facial recognition or personal surveillance.’ The editors of this newsletter could not retrieve a copy of the said SOPs. It should be noted that their reconciliation with the Digital Personal Data Protection Rules, 2025, particularly on surveillance, consent, and purpose-limitation standards, will require closer examination once available.


  1. No-fly zones declared in multiple areas across the country

In this section, we will cover no-fly zones notified across various jurisdictions in India. These designations, issued under applicable laws, impose restrictions on drone operations to safeguard sensitive, strategic, or high-security areas. Frequent no-fly zone declarations across areas are largely driven by the lack of robust anti-drone technology. In the absence of effective protection measures, authorities often resort to blanket restrictions, which may disrupt commercial drone operations and hinder growth of legitimate business activities. 

  • Nalanda, Bihar: On 23rd October 2025, the Nalanda district administration declared Rajgir a strict drone no-fly zone during the Governor’s visit for the World Peace Pagoda anniversary, citing security measures. The order imposed a complete ban on all drones, including camera drones and model aircraft, from 24th October to 25th October 2025. Only government and security agency drones, operated with prior official approval, were exempted during this period. 

  • Mumbai, Maharashtra: Ahead of Prime Minister Narendra Modi’s visit to Mumbai for the India Maritime Week 2025, the Mumbai police imposed a ban on flying drones, kites, paragliders, remote-controlled microlight aircraft, and balloons in areas near the airport and western suburbs on 29th October. 

  • Kainchi Dham, Uttarakhand: During President Droupadi Murmu's visit to Kainchi Dham on 3rd and 4th November, 2025, the Nainital district police declared the town a drone no-fly zone as a security measure. The ban, announced through police advisories, prohibited the operation of all types of drones, including commercial, hobbyist, and camera drones, during the President’s program. Only drones authorized and operated by government security agencies were permitted within this restricted period.

  • Varanasi, Uttar Pradesh: The Varanasi district administration had declared the city, including all major ghats, a no-fly zone from 12th to 16th November 2025 during the Dev Deepawali festival. The order, issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for public security, prohibited the operation of drones, kites, balloons, microlight aircraft, and paragliders without prior approval. Only government-operated drones and devices authorised through formal permissions were exempted. The restrictions formed part of broader crowd-management and airspace-safety measures adopted for the festival.


GLOBAL


  1. United States: On 28th October, 2025, the United States Federal Communications Commission (“FCC”) voted unanimously to close loopholes used to import high-risk telecommunications gear, particularly equipment linked to China, to be imported, marketed or sold in the United States. To note, the FCC via its Covered List already prohibits new communications technology considered a national security risk from being shipped to the United States, however, such prohibitions were not applicable on previously authorized devices, permitting their continued importation, sale, and marketing. The recent vote covers such devices, as well as component parts that are included within otherwise authorized devices. This move raises the possibility of Da-Jiang Innovations (“DJI”) drones, a leading Chinese drone manufacturer, being banned in the United States. Under earlier National Defense Authorization Act (“NDAA”) amendments, DJI is presently subject to a mandatory security assessment to be completed by 23rd December 2025, failing which the company will automatically be placed on the FCC’s Covered List. Following the change in regulations, being placed on the Covered List would no longer restrict only future approvals, but could now trigger retroactive revocation of past device authorisations, import bans and component-level restrictions.

  2. United Kingdom: On 31st October, 2025, the House of Commons Justice Committee published the Sixth Report of Session 2024–26 -“Tackling the Drugs Crisis in Our Prisons”, finding that 39% of prisoners say illicit drugs are “easy to acquire.” The report flags that drone-borne contraband has become a “paradigm shift” in ingress routes, noting records of a 770% rise in drone sightings around high-security prisons between 2019 and 2023.  The Committee recommends that the Ministry of Justice mandate installation of drone-detection and signal-disruption systems, such as the SkyFence system, across all Category A prisons within two years. It regards traditional perimeter measures as unable to keep pace with this emerging aerial threat. The report signals a likely regulatory requirement for counter-UAS deployment in U.K. custodial facilities.


  1. Canada: The second phase of the Regulations Amending the Canadian Aviation Regulations (RPAS – Beyond Visual Line-of-Sight and Other Operations) came into force on 4th November 2025. This phase expands operational permissions for remotely piloted aircraft systems, allowing medium-sized drones to operate within visual line-of-sight, permitting extended visual line-of-sight flights, enabling sheltered operations near structures, and authorising lower-risk BVLOS operations in uncontrolled airspace without a Special Flight Operations Certificate. These permissions apply where the operator holds a Pilot Certificate – Advanced Operations and the RPAS meets prescribed technical and operational requirements. These amendments build on the first phase implemented on 1st April 2025, which introduced the Level 1 Complex pilot certification category and the RPAS Operator Certificate (RPOC) framework. Together, the two phases represent a structured transition to a risk-based approach for routine RPAS operations in Canada.


  1. Belgium: Following disruptions caused by unidentified drones at airports and military bases, Belgium’s National Security Council has on 6th November, 2025 reportedly:

    • Announced that a National Airspace Security Centre (NASC) will be fully operational by 1st January 2026.

    • Mandated the registration of all drones and pilots, and reinforced penalties for violations. 

    • Discussed a procurement programme for anti-drone equipment

Current EU rules (under Regulation (EU) 2019/947) emphasise registration of the operator rather than each individual drone, with exemptions for micro-drones (C0-labelled), legacy equipment and state-operated systems. By contrast, Belgium’s National Security Council has announced a plan whereby all drones and pilots must be registered.


Disclaimer: This publication is intended solely for informational and educational purposes. It summarizes recent legal and policy developments from publicly available sources and does not constitute legal advice, opinion, or endorsement by Sigma Chambers. All Sources are hyperlinked.

Readers can direct their queries or comments to the authors.

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