PETITION FOR RULEMAKING: PASSENGER RIGHT TO RECORD

July 21, 2017

On June 19, 2017, two individuals filed a Petition for a Rulemaking under 14 CFR 302.16 “to request that the Department reject airlines’ improper attempts to prohibit recordings by passengers of events onboard common carriage aircraft and their interactions with staff.”

The Petition requests, among other things, that DOT issue rules indicating that:

  1. Passenger recordings, subject to reasonable conditions, are in the public interest;
  2. Recordings made to resolve bona fide disputes are presumptively in the public interest;
  3. Recordings made from a place where a passenger has a right to be, without interfering with airline personnel, are presumptively in the public interest; and
  4. The mere fact that a recording preserves statements of airline personnel, or shows airline or airport equipment, does not render the recording improper or impermissible.
     

Interested parties now have the opportunity to comment on the Petition.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio