PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATION AN INITIATIVE OF GEOIDE (PROJECT IV-23) Legal aspect related to aeronautical information Pascale.

PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATIONAN INITIATIVE OF GEOIDE (PROJECT IV-23)

Legal aspect related to aeronautical information

Pascale Cloutier, student LL.BUniversité d’Ottawa

Faculté de Common Law

OVERVIEW

My backgroundContext of my research

ICAO What is Aeronautical Information ServicesSituation in Canada Regulatory Requirement

Legal aspect

My background

International Civil Aviation Organisation (ICAO)

”The International Civil Aviation Organization, a UN Specialized Agency, is the global forum for civil aviation. ICAO works to achieve its vision of safe, secure and sustainable development of civil aviation through cooperation amongst its member States. ” One of ICAO's mission is to produce standards so they can be easily used and applied by its member States.

192 States

Chicago Convention

18 Annexes

- Annex 4: Aeronautical Charts

- Annex 15 : Aeronautical information Services (AIS)

What is Aeronautical information services (AIS)?

A service established within a defined area of coverage for the provision of aeronautical information/data necessary for the safety, regularity and efficiency of air navigation.

• Aerodromes• Airspace• NAVAIDS & Fixes

EnRoute Airspace

Airport/Runway Airport/Runway

Procedures

Terminal

Route

• Routes• Procedures• Organizations &

Services

Fix

Service

Support air navigation

• Corrupt or erroneous aeronautical information/data can potentially affect the safety of air navigation.”

Aeronautical Information Service

• To satisfy the uniformity and consistency in the provision of AI/D that is required for the operational use by computer-based navigation systems, States shall avoid standards and procedures other than those established for international use.”

Annex 4: Aeronautical Charts

1.3.7  A contracting State shall take all reasonable measure to ensure that the information it provides and the aeronautical chart made available are adequate and accurate and they are maintained up to date by an adequate revision services.                                            

Annex 15 : Aeronautical information Services (AIS)

3.1.7 An AIS shall receive and/or originate, collate or assemble, edit , format, publish/store and distribute aeronautical information/data concerning the entire territory of the State as well as areas in which State is responsible for Air traffic services outside its territory.

• 3.2.1 Each contracting State shall take all necessary measure to introduce a properly organized quality system containing procedures, processes and resources necessary to implement quality management system at each function stage.

Annex 15 : AIS (continued)

Situation in Canada

We are member of ICAO

In 1996 the provision of Air Navigation Services was divided

Regulator as Transport Canada Service Providers as NAVCANADA

(corporation)

Situation in Canada

Responsibility of the Minister4.2 The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics

Legislative Requirements CANSCA REQUIREMENTS

CANSCA – Part II

10. (1) … No person other than the Corporation shall, on the transfer date, provide

(a) Aeronautical information services

(b) … (c) …

in respect of Canadian airspace or any other airspace for which Canada has responsibility for the provision of ATC services

In Canada

CAR 803.01 (1) In this subpart, « aeronautical information services » means the services necessary to meet the requirements of Annexes 4 and 15 to the Convention that relate to aeronautical information

CAR 803.01 (2) No person shall provide aeronautical information services except in accordance with the standards set out in Annexes 4 and 15 to the Convention

CANSCA REQUIREMENTS

Legislative requirements

CANSCA

10 (4) A person may provide aeronautical information services

if the person is disseminating aeronautical information

(a) that was initially disseminated by the Corporation

( for third parties provider)

AIRAC PROCESS 42 days prior to effective date ,every 56 days the data change

I - AIP

NOTAM

AIP SUPPLEMENT

AIC

CAP CFS DAH

CHARTS

AIP CANADA

THIRD PARTIES

JEPPESEN

AIRLINES

OTHER AIS PROVIDERS

NAV CANADA

ETC …

ORIGINATORS

AERONAUTICAL INFORMATION/DATA

STATE SOURCE

DATABASE PRODUCERS

AERODROMEINFORMATION/DATAEN ROUTEINFORMATION/DATA

OTHER AERONAUTICALINFORMATION/DATA

WEATHER

AIRSPACE

CUSTOMS

ATC PROCEDURES

INST. PROCEDURES

Aeronautical Information REQUIREMENTS – Process

AIRAC PROCESS 42 days prior to effective date every 56 days the data change

- State source to print and disseminate- AIS third party providers to review, print and disseminate- Data producers to review, code, format, and disseminate- Airlines to review, code, format, print and disseminate

Users to receive information at least 10 to 14 days prior to the effective date

Provision of Aeronautical Information Services

I - AIP

LEGAL ISSUE

The format and use of AIS is changing: increased digital format and data chains-associated risks for integrity, accuracy, consistency of data– The group player is changing– The ambition are changing– The legal climate is changing

Legal issue (continued)

• Legal implication– Responsibilities and liability– Ownership of data –IP– What are the other legal aspect?

Intellectual property

• With separation of function like in Canada, – who owns the data?

• Private corporation or State data • Third party provider• Fees\(redevance)

• In principle no ownership of raw/factual data • May depend on national legislation on IP?• Value-added databases might be copyright protection?• Exemple:

- Australia, – Privatisation of AIS in CA, – Jeppesen – ICOA legal and institutional legal issue

Conclusion

QUESTION ?

THANK YOU!

Pascale Cloutierpclou053@uottawa.ca