FAA withholds data — Uplink Archive

The FAA has withheld enforcement database data from journalists since September 2001, citing security concerns and refusing to release information about security and hazardous material violations despite previously making the data publicly available. IRE has challenged the withholding through FOIA requests, arguing the public has a right to know about regulatory compliance and safety issues.

FAA withholds data

A year ago, right after the Sept. 11 terrorist attacks, IRE and NICAR provided copies of the Federal Aviation Administration enforcement database to well over 100 news organizations. Story after story based on the data provided glimpses of security problems in airports across the United States.

IRE and NICAR had planned to update the database that October, with a routine download from the administration's FTP server. Three days after the attacks, though, the Database Library downloaded the database so journalists could have the most recent information available.

That was the last time the FAA data update was routine.

Shortly after the update, the administration pulled the data from its FTP server, citing security. The data has yet to resurface in its entirety.

After the Database Library's March 29 Freedom of Information Act request, the FAA supplied a copy of the database on June 22 - minus any mention of security or hazardous material violations.

The database still lists actions in some categories, such as flight operation or maintenance problems. As for security or hazardous material violations, the FAA argues that it's none of the public's business.

The official response from Joseph Tintera, FAA's manager of the regulatory support division, says, "sensitive security information has been withheld citing regulations on whether the information is "detrimental to the safety of persons traveling in transportation."

On July 18, IRE filed a letter asking for that denial to be reconsidered.

IRE argues that since the information resided on publicly accessible Internet servers from at least November 2000 until October 2001, the FAA had set a precedent. Even prior to that, the agency had provided the data on CD.

An additional argument: The request didn't seek records that reveal details of inspections, investigations and alleged violations and findings, but rather only general information, allowed to be disclosed.

Indeed, even before the terrorist attacks, the FAA held back enforcement actions from public release for a year.

Aside from security violations, the FAA denying information about problems with hazardous materials is particularly troubling.

Even before Sept. 11, journalists have used the enforcement database to look at hazardous material violations. In 1999, The (Cleveland) Plain Dealer published a series examining hazardous materials on airlines.

In July, IRE wrote to the agency: "The public should have access to this information to be informed whether government-regulated entities have abided by federal regulations and how government agencies have applied regulations. Failing to provide information to the public concerning mishandling of hazardous materials disregards the public interest and can be detrimental to the safety of persons traveling in transportation."

At this writing, the agency has yet to respond.