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Legality of recording ATC or other pilots?

Authorisation to listen to ATC will be given in some ridiculously complicated piece of UK aviation legislation. How about we look for it? It you’re authorised, it’s legal to listen. If not, it’s a criminal offence. It’s really not open to “reasonable argument”.

Either way, listening on a scanner from the ground, and recording and putting it on the Internet for everyone to hear is a criminal offence. Ofcom’s guidance is unambiguous and direct.

A few data points:

  • US airlines used to broadcast ATC on the passenger entertainment system so everybody onboard could listen to it from pushback to landing.
  • LiveATC and others publish ATC communication from a wide variety of airports all over the world, including European countries. I could hear myself flying through Zürich TMA a while back.
  • There are some horrible videos on YouTube that contain ATC recordings, including one from a VFR pilot having lost control of his airplane in IMC (he recovered at something like 500’ AGL) screaming from the top of his lungs in fear (and bizarre enough also a subsequent phone conversation with some FSS where he expresses his gratitude to the controller)
  • When I got my pilot’s license 21 years ago, I had to sign a paper promising I would never reveal the content of R/T to anyone.
Last Edited by Aviathor at 13 Jun 08:37
LFPT, LFPN

Jan_Olieslagers wrote:

And what information would one obtain by using a transmitter?

Who cares? Such a “contract” is probably illegal seen in relation to current privacy laws in any case, as long as the transmissions are not encrypted. It doesn’t look like they will be encrypted in any foreseeable future.

The elephant is the circulation
ENVA ENOP ENMO, Norway

I think jan was taking the p1ss by asking

And what information would one obtain by using a transmitter

to which the answer is obviously NONE.

Administrator
Shoreham EGKA, United Kingdom

Aviathor wrote:

US airlines used to broadcast ATC on the passenger entertainment system so everybody onboard could listen to it from pushback to landing.

I believe United still does that on international flights, at Captain’s discretion. I’ve enjoyed it on transatlantic flights and once listened ATC on channel 9 for the entire flight. I was surprised to hear Air Canada flights speaking French with ATC in Quebec, and enjoyed hearing the protocol for checking in to ATC when reaching Europe after a period of radio silence.

Last Edited by Silvaire at 13 Jun 14:20

I got some input on this from a long-time insider in the business…

So, still no evidence of prosecutions in the aviation sphere.

One might wonder why the law is still in place. Useless old laws tend to get repealed, eventually. My guess is that the law still suits some parties, because there is so much potential for ridiculing someone who you heard on the air.

Administrator
Shoreham EGKA, United Kingdom

I understand that in Germany one is not allowed to publish ATC conversations publicly.

There is a similar law in Sweden, but with the exception that you are not allowed to publish communications that was not intended for you.

So now back to my original question, is it similar in Germany? Is it ok to publish conversation that I myself had with ATC, as long as I cut out anything else not related to me?

Are there any other ways to go around this law? E.g. cutting out the ATC audio and typing the conversation with letters in the video? Or using voiceover with the same talk as the original audio, where everything is reproduced using my own voice?

Last Edited by Dimme at 16 Aug 12:51
ESME, ESMS

The relevant law is § 206 of the German Penal Code.

It is very strict. The predominant interpretation is that you have to have consent of all parties involved in an ATC communication to avoid the infraction. That means it is generally prohibited to distribute any recordings of radio communication in German airspace.

So it is ok if it is not a recording?

ESME, ESMS

Wer unbefugt einer anderen Person eine Mitteilung über Tatsachen macht, die dem Post- oder Fernmeldegeheimnis unterliegen

Those who without authorization inform a third party about facts that are protected by the postal or telecommunication secret…

Whatever means. The information itself is protected and the fact that the communication took place. In reality a lot of people ignore it but it is the law and you can be prosecuted.

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