Ruling Leaves Real-Time Data Disclosure Unaffected
The NBAA says that a District Court judge for DC ruled last
week that aircraft tail numbers submitted to the FAA for blockage
from distribution to sources outside the FAA under NBAA’s
Blocked Aircraft Registration Request (BARR) program must be made
available in response to a request under the Freedom of Information
Act (FOIA).
The ruling does not permit the disclosure of real-time flight
data, historical data, or operator names.
“NBAA has long believed that security and other
imperatives make it absolutely essential to protect our
Members’ aircraft and flight information from being made
widely available, which is why we created the B
ARR program,” said Bob Lamond, NBAA Director, Air Traffic
Services and Infrastructure. “Unfortunately, and in spite of
our work to uphold the BARR program through every legal avenue
available, the court has ruled the above information cannot remain
permanently sealed.”
The BARR Program was established over a decade ago in response
to recognized security concerns and competitive considerations. The
program, which allows NBAA Members’ flight information to be
concealed from release outside the FAA, came under challenge in
December 2008 when an investigative-journalism organization filed a
Freedom Of Information Act (FOIA) request with the FAA seeking the
tail numbers for aircraft which had been submitted to the FAA for
blockage from public view.
Working with legal counsel, NBAA aggressively defended the
confidentiality of the blocked tail numbers by filing an action
with the District Court seeking a reversal of FAA’s
determination to grant the FOIA request. After considering the
matter for several months, on February 26, 2010, the court declined
to overrule the FAA’s decision to release the blocked tail
numbers. The court’s ruling does not impact real-time or
historical data on BARR-concealed flights.
“Obviously, NBAA views this as an unwise decision on the
part of the court,” Lamond continued. “Nevertheless,
our legal counsel has advised us that further appeals on the matter
would not likely be productive.”
Lamond noted that although NBAA is unaware of what, if anything,
the investigative-journalism organization intends to do with the
information obtained through its FOIA request, operators with
aircraft tail numbers included in the FAA Block List might be
contacted by the news organization. In that event, NBAA is prepared
to assist Members in responding to such inquiries.