Flying Private: The FAA Introduces New Privacy Option and Seeks Public Feedback

On March 28, 2025, the Federal Aviation Administration (FAA) introduced a new privacy measure enabling “private aircraft owners and operators” to withhold certain registration data from public access. The FAA has created a process where aircraft owners can electronically request that personally identifiable information (PII) be withheld from display on FAA websites. Requests can be submitted through the Civil Aviation Registry Electronic Services (CARES) website.

Surprisingly, at the same time the FAA made this announcement immediately allowing aircraft owners to request the removal of PII, the FAA also requested input from the public as to the feasibility of this new policy. A Request for Comment has been published in the Federal Register, and the agency is encouraging stakeholders to share their thoughts on how the change could impact the aviation industry. Specifically, the FAA is requesting comments related to the following:

1. How often do people or organizations access or use registered owner information and how is this information used?

2. What would be the impact on privacy, safety, and accessibility of information if the identified categories of registered owner information are removed from public availability?

3. How would the removal of such information affect the ability of stakeholders to perform necessary functions, such as maintenance, safety checks, and regulatory compliance?

4. How should the FAA implement the removal of identified categories of registered owner information from public availability?

5. What would be the impact if the FAA removed such information for a private aircraft owner or operator categorically and permitted such owners and operators to request copies of their information rather than removing such information only upon an individual request?

6. What additional aircraft registration data should be removed from FAA websites?

   
   

This change is part of the FAA’s implementation of Section 803 of the FAA Reauthorization Act of 2024, as codified under 49 U.S.C. § 44114.  Pursuant to § 44114(d)(3), the term PII includes (1) the mailing address of an individual, (2) the email address of an individual, (3) the telephone number of an individual, and (4) the name of the aircraft owner or operator, if the owner or operator is an individual. While the statutory language focuses on the privacy concerns of an individual, the applicability of this policy to aircraft owned by corporations or other entities remains an open question. Curiously, the Request for Comment lists the same four PII categories described above, but without specifying that this protected data only pertains to an individual. It is also unclear who or what would qualify as a private aircraft owner (this is not terminology defined or commonly used by the FAA), and whether privately owned entities would likewise be entitled to these protections.

We believe it is no coincidence that this new privacy initiative coincides with the development of the FAA CARES website. As a result of CARES, aircraft records will soon be more accessible than ever, and legitimate concerns about harassment and solicitation have been raised.

Depending on how the FAA implements this privacy option, documents critical to verify the ownership and lien status for U.S. registered aircraft could soon be withheld from those with a legitimate need to view them. Without a reliable and efficient way to independently verify the true owner of an aircraft, parties will be unable to proceed with certain aircraft transactions. Access to these documents, and at least some parts of PII, is vital to the examination of records in connection with the selling, purchasing, financing, and leasing of aircraft registered with the FAA.

One solution to this problem of individual privacy is for the FAA to make clear it is not a violation of the Federal Aviation Regulations simply for an aircraft to be owned and registered to a special purpose entity, which has no other purpose but to own and operate that aircraft. This would allow any individual aircraft owner wanting to protect PII from public view to set up a special purpose entity with a name, mailing address, e-mail address, and phone number associated with that entity, rather than the individual’s personal information. This solution assumes of course that the FAA’s new policy would apply only to aircraft registered to individuals, as opposed to a corporation or LLC, which may fall under the FAA’s intended meaning of a “private aircraft owner.”

Public comments were originally due on May 5, 2025. At the request of multiple interested parties, the FAA has extended the comment period to June 4, 2025, to allow stakeholders more time to analyze the impacts of this new rule and develop recommendations. Despite this extension and the ongoing opportunity for public comment, on April 24, 2025, the FAA began processing requests to remove PII from broad public dissemination. Early results of this implementation would suggest that this protection extends beyond just aircraft registered to an individual, which would seem be an expansion of the protections established under 49 U.S.C. § 44114, a point which should be clarified during the comment period.

This is an important opportunity for aviation professionals to ensure that the FAA proceeds with caution and avoids disrupting the functional needs of the aviation industry. Comments may be submitted through several methods including, electronically, through the Federal eRulemaking Portal: www.regulations.gov and follow the online instructions. Gilchrist Aviation Law will provide a timely response and encourage the FAA to find a reasonable balance between legitimate privacy protections and the need to perform acts essential to aircraft transactions.

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