Original intent

Misuse of the ADS-B system

May 1, 2025 By Darren Pleasance

The ADS-B mandate was made effective in 2020, and AOPA supported it because we were assured that Automatic Dependent Surveillance-Broadcast out tracking data would only be used to improve air traffic safety and airspace efficiencies, with benefits such as subscription-free traffic and weather. Well, from the calls and emails I am receiving, that’s not entirely the case.

Photography by Chris Rose

Members are voicing frustration and opposition to the use of ADS-B data for purposes other than its intention. I have sent a letter to the acting FAA administrator, Chris Rocheleau, urging the agency to halt the use of ADS-B data in ways that go beyond its original intent.

When AOPA and other aviation organizations cast our support for ADS-B, we were assured the use of its gathered data would make flying safer and more efficient, and it absolutely has. However, now we are hearing from pilots that ADS-B—a mandate that aircraft owners invested more than half a billion dollars of their own money to comply with—is being used against them. This includes events such as a questionable FAA enforcement action against a pilot making water landings; a handful of frivolous lawsuits filed against pilots for nuisance, trespass, and causing emotional distress by flying over property; and third-party companies using ADS-B data to access personal data to collect airport fees.

This is not the original intent of the ADS-B mandate, and it needs to be checked. AOPA is actively advocating to protect pilots’ privacy and ensure ADS-B remains a tool used solely for its intended purpose: safety and airspace efficiency.

The three main areas where we are seeing misuse of ADS-B data, as communicated to me by you, our members, is in questionable enforcement actions, lawsuits, and airport landing fees. Questionable enforcement actions such as initiating actions using the ADS-B data to accuse them of inappropriate piloting behavior are obviously using the data counter to what we agreed to. My fear is that this will cause even good pilots to alter their behaviors and turn off ADS-B, negating the whole reason for the mandate—safety!

In addition, this same data is being used by plaintiffs to back up their frivolous lawsuits with “proof” of their claims. In these cases, the pilot’s activity appears fully compliant with the federal aviation regulations, yet the ADS-B data was being referenced as “proof” of the pilots’ activities to support a lawsuit. This is, again, counter to the intent of the ADS-B mandate.

Finally, AOPA has empathy for airports seeking to make their economics work, but using ADS-B data to track takeoffs and landings is, I’ll say it again, contrary to the intent of the ADS-B mandate and risks driving behaviors that are counter to safety. There are better and more effective ways to help fund airport operations such as building more hangars; encouraging aviation-related businesses like flight training, charter, medevac, and aircraft maintenance; and attracting airport-compatible industrial and light-manufacturing facilities. We are happy to work with airports to improve their economics, and our state advocacy team members are here to help.

AOPA is actively advocating to protect pilots’ privacy.

While there have been past efforts to address ADS-B privacy, more work remains. We fully appreciate the efforts and collaboration the FAA has had with industry in developing the Limiting Aircraft Data Displayed (LADD) program and the Privacy ICAO Address (PIA) program. Congress also recently took a positive step to further limit the uses of ADS-B data for certain enforcement actions in last year’s FAA reauthorization; section 829 prohibits the FAA from initiating an investigation (excluding a criminal investigation) of a person based exclusively on ADS-B out data. Unfortunately, given the continued concerns from pilots across the country regarding the use of ADS-B data for non-safety issues, there is more to do in this area.

AOPA is actively engaged with the FAA and our industry partners to combat the misuse of ADS-B data. We are suggesting that aircraft registration data be stripped from ADS-B information, and we’re looking for other opportunities to protect aircraft owners and pilots while preserving the many advantages that ADS-B provides. You can contact me to share your experiences and to discuss ideas for better and more effective ways to combat ADS-B data misuse. AOPA protects aircraft owners and pilots. That’s what we are here for.

Darren Pleasance has flown over 8,000 hours in more than 80 different types of aircraft.