Recording communications during Flight

[PilotFeathers]

G'Day Everyone,

I'm after what everyone's professional opinion and interpretation is about the legalities associated with recording (during a flight) both internal cockpit conversation including all external ATC communications whether it be to or from the aircraft during a flight.

This is in reference to the Commonwealth Telecommunications Act 1997, which can be found here:
TELECOMMUNICATIONS ACT 1997 (http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/)

Here's a similar topic which touched only the base of this issue, you can read it here: Recording ATC in flight with vid cam [Archive] - PPRuNe Forums (http://www.pprune.org/archive/index.php/t-317181.html)

Many thanks,

[Homesick-Angel]

Probably depends what its being used for?

[DH164]

Who cares?

[QSK?]

PilotFeathers:

It has been a while since I was responsible for policy matters such as recording of aeronautical communications, however my recollection is (was) that the recording, intercept, jamming or distribution of aeronautical communications is illegal under the Telecommunications Act. The only permissible exceptions to the recording and distribution provisions is for distress or emergency situations.

It should also be noted that the aeronautical communications system used by ATC and pilots is a PRIVATE communications network; unrestricted access to which is only permitted through the holding of an RTF licence. With the issue of this licence comes the obligations to comply with all provisions of the Telecommunications Act.

So while you may be free to record your in-flight cockpit communications between you and your passenger, I don't think you would be legal recording ATC communications.

But, as I said, it has been a while so maybe regulations have changed over time.

[compressor stall]

Someone better tell those ATC recording websites then where you can replay ATC frequencies.

[Ex FSO GRIFFO]

How does this affect those 'pesky' so & so's who record pilot air to air / ground comms, with the sole aim of sending said pilot a 'bill' for the alleged use of a facility...??

E.g. Landing / touch & go fees at lotsa lotsa airports around the country...??

:uhoh:

Very few cheers:}

[FokkerInYour12]

First transmission: This transmission and any subsequent transmissions may be recorded for training and quality purposes.

"Somebody" gave me permission to record - therfore I did!

[IORRA]

The prohibition on interception is now contained in section 6 of the Telecommunications (Interception and Access) Act 1979 (Cth).

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 (http://www.austlii.edu.au/au/legis/cth/consol_act/taaa1979410/)

The section 6 offence is defined in relation to a communication passing over a 'telecommunications system'.

Section 5 of that Act defines a 'telecommunications system' to be a 'telecommunications network...', which in turn is defined to exclude 'a service for carrying communications solely by means of radiocommunication'.

So as far as I am aware, there is no prohibition in Australia on either monitoring or recording ATC communications (cf. the UK, which does have a secrecy of communications law, afaik). :ok:

As for requiring the consent of those recorded: I don't know anything about the Privacy Act, but I'd be amazed if any sort of permission was required where the individuals being recorded aren't specifically identifiable. But others may know more.

Cheers

[Fuel-Off]

So...Listen to Live ATC (Air Traffic Control) Communications | LiveATC.net (http://www.liveatc.net) which keeps track of highlighted events (and actually stores them) and recordings of specific locations at set times is doing a big legal no no?

Does that mean when TV stations use their intercoms for live crosses and actual ATC recordings for their stories and again violating the act because it's not a distress or emergency situation?

Fuel-Off :ok: