Take advantage of opportunities to protect yourself
It is important for you to know that you have certain rights under the law. Before the potential employer may request the records, you must give your written consent, and you may be asked to sign a release from liability from any claim arising from the furnishing of the records or an airline's use of the records. And, before the custodian of the records can disclose your records, it must receive a copy of your written consent. Further, before your records are released, you will be notified that your previous employer has received such a request for your records and that you may receive a copy of those records. Thus, you should be aware when this information is going to be shared and be taking any necessary actions to protect yourself.
First and foremost, make sure you take advantage of the opportunity to receive copies of the records that are being released. You may be assessed reasonable charges for this opportunity, but it is in your interest to get this information. Of course, if there is no unfavorable information in your records, then there is little to be concerned about in terms of protection. However, if there is unfavorable information about you, then your concern will be directed at the propriety and accuracy of that information. The law affords you the opportunity to correct any inaccuracies in the record. PRIA specifically directs that you be given a reasonable opportunity to submit written comments to the potential employer before that company makes a hiring decision.
You also have some protection against the use of the information contained in your records. The company receiving the information may not use the information for any purpose other than for hiring considerations. The potential employer must keep the information confidential. The law provides that the FAA may promulgate regulations to protect the privacy and confidentiality of pilot records. To date, the FAA has not done so.
Notwithstanding your right to see your records and take steps to make any necessary corrections and the admonition that the information be kept confidential, what about your rights against a person who discloses information contained in your records that is wholly false or misleading? In this circumstance, the law does not limit your rights to sue an individual or entity that knowingly provides false information about a pilot's record. Even if the potential employer asked you to sign a release from liability, such a release could not be enforced to preclude you from taking an action against the company for providing information known to be false and maintained in violation of a criminal statute.
It is also important to know that requests for FAA records can be made by anyone under the Freedom of Information Act, which has different requirements and protections. Some hiring companies that are not subject to PRIA may request certificate and violation history information from the FAA when considering a pilot applicant, with or without your consent, and the FAA will release that information without notifying you of the request or the release. We often recommend that pilots request a copy of their airman certification records before embarking on the application and interview process for a flying or flight instructing job, just to be certain and aware of what information could be shared without your knowledge. Of course, if there is anything inaccurate, untimely, or incomplete in your information on record with the FAA, you are entitled to have your records corrected.
It is difficult to disagree with the idea that a person's piloting skills and experience are appropriate information to be taken into account before placing a pilot in charge of the safety of the lives or property of paying customers. This law is designed to make sure the relevant, and truthful, information is accessible to an employer.
Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's legal services plan. She is an instrument-rated private pilot.
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