NAFA member, David G. Mayer with Shackelford, McKinley & Norton, shares his latest blog regarding the FAA's improved privacy issues.
Has privacy around business aircraft been lost or found? Although the FAA is again attempting to enhance privacy in and around aircraft, increasingly sophisticated intrusions, along with attendant risks to safety and security, persist, as does the potential for aircraft damage. This blog discusses how to identify breaches and possible regulatory, legal structuring, and other solutions to achieve the still elusive goal of personal/aircraft privacy. Confidentiality also improves with proper structuring.
The FAA is trying to enhance the privacy around business aircraft registered in the U.S. By limiting access to information about owners of U.S.-registered aircraft, the FAA has somewhat improved privacy, safety, and security, but significant challenges remain across the ownership and transaction experience. These issues extend not only to registered owners but also to lessees and the ultimate beneficial owners (UBOs) who call the shots behind the scenes.
Consequently, with the focus on owners, UBOs need to understand and insist on protocols that optimize privacy, safety, and security involving their aircraft. Initially, UBOs should deploy measures to achieve privacy through legal ownership structuring, use of regulatory policy tools, and aircraft management.
For situations where the parties require secrecy or identify credible threats of personal injury or physical damage to the aircraft, UBOs may elect to fly on a different aircraft via a jet card, charter, club, fractional share, or other lift.
This article was originally published by David G. Mayer in AIN on July 11, 2025.