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tiermonde
20th Jan 2005, 13:22
In response to the September 11, 2001 terrorist attacks, the United States passed legislation authorizing it to conduct security clearance checks. The U.S. government has instructed all U.S. flight simulator companies to have non-U.S. students sign the "Authorization for the Release of Information" form and forward the completed forms to the government. The form authorizes the U.S. Department of Justice to:

" ...obtain any information relevant to my requests for flight training from any relevant source...This information may include, but is not limited to, biographical, financial, law enforcement, and intelligence information.

I further authorize the U.S. Department of Justice to disclose any records or information...obtained in connection with my requests for training to: ...other individuals or entities potentially having information related to the request, including, but not limited to employers and training providers."

Many pilots in Canada objected to signing such a blanket waiver to their privacy rights but their employers pressured them into signing the form, since the alternative was often to obtain training in far away places such as Europe, Asia or the Middle East. Even the Canadian Ministry of Transport pilots were required to sign the form. All were "free to refuse" but those who did would offered a desk jobs and replaced by those who agreed to sign the US form.

The Canadian federal government had expressed its concerns about this form to the U.S. government and had requested that the United States accept Canadian airport security screening criteria for the purpose of clearing Canadian commercial pilots for training at U.S.-based flight simulation schools. As far as I know, that is as far as it went. The US simply ignored the request.

The Office of the Privacy Commissioner of Canada investigated the matter after receiving a complaint by a Canadian pilot who did not agree to sign such a waiver to his privacy rights, but who was being pressured by his employer to sign it.

The Commissioner objected strongly to the form, noting that it does not provide adequate information on what the purposes for the collection and disclosure of personal information are, nor does it place limits on the collection or disclosure. In sum, the form fails to meet fair information principles, which are the cornerstone of Canadian privacy legislation. He then concluded that the complaint was well founded and ordered "the airline to promptly make whatever arrangement necessary to ensure that the complainant receive his training without his privacy rights being violated"

This ruling can be found at http://www.privcom.gc.ca/cf-dc/cf-dc_021219_7_e.asp


Does anyone know if this offending form is still in force under TSA ?

bushpilot
20th Jan 2005, 13:39
Rather unfortunate,
but the truth of the matter is that the majority innocent are now suffering for the crimes of few idiots. The federal and state agencies follow legislation and executive orders to do the clearances to have their butts cleared if someone trained does indeed turn out to be a terrorist.

It's a double edged sword; u should have ur privacy protected, but the US does have a right to institute measures to prevent another 9-11. I'm not a judge of whether these measures are effective or not.

On a lighter note, I honestly believe all the pilots of the world should form a special ops' coalition and go after that hoodlum Osama who really screwed up the system from the way it was before 9-11, especially here in the USA. Then we can all split the $25mill to be awarded for his capture, have a couple of beers while waiting for him to get the lethal injection and hope they relax the regs a lil bit :}