Recording communications during Flight
Thread Starter
Join Date: Sep 2012
Location: Australia
Posts: 2
Likes: 0
Received 0 Likes
on
0 Posts
Recording communications during Flight
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
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
Many thanks,
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
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
Many thanks,
Join Date: Sep 2003
Location: S37.54 E145.11
Posts: 639
Likes: 0
Received 0 Likes
on
0 Posts
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.
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.
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...??
Very few cheers
E.g. Landing / touch & go fees at lotsa lotsa airports around the country...??
Very few cheers
Last edited by Ex FSO GRIFFO; 18th Oct 2013 at 13:57.
Join Date: Jun 2008
Location: Perth
Posts: 133
Likes: 0
Received 0 Likes
on
0 Posts
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!
"Somebody" gave me permission to record - therfore I did!
Join Date: Dec 2001
Location: aus
Posts: 67
Likes: 0
Received 0 Likes
on
0 Posts
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
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).
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
TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979
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).
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
Last edited by IORRA; 19th Oct 2013 at 00:15.
Join Date: Feb 2009
Location: In a pipe in the upstairs water closet
Posts: 305
Likes: 0
Received 4 Likes
on
2 Posts
So...Listen to Live ATC (Air Traffic Control) Communications | 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
?
Fuel-Off
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