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Aviation Law 2019 7Th Edition ICLG The International Comparative Legal Guide to: Aviation Law 2019 7th Edition A practical cross-border insight into aviation law Published by Global Legal Group, with contributions from: AEROHELP Law Office K&L Gates LLP Arias, Fabrega & Fabrega Kabraji & Talibuddin ASBZ Advogados Katten Muchin Rosenman UK LLP Azmi & Associates Kreindler & Kreindler LLP Banwo & Ighodalo Kubes Passeyrer Attorneys at Law Cervantes Sainz, S.C. Lakshmikumaran & Sridharan Christodoulou & Mavrikis Inc. LeClairRyan PLLC Clyde & Co Monard Law Dentons Canada LLP Mori Hamada & Matsumoto Dingli & Dingli Law Firm Studio Pierallini Freidenberg, Freidenberg & Lifsic The Maples Group Furtună și Asociații Urwantschky Dangel Borst PartmbB Gongora Reina & Associates VISCHER AG Gross Orad Schlimoff & Co. (GOS) Weerawong, Chinnavat & Partners Ltd. Ince & Co LLP IUNO The International Comparative Legal Guide to: Aviation Law 2019 General Chapters: 1 The Use of Personal Data in the Commercial Aviation Industry – Alan D. Meneghetti & Yasmin Roland, Katten Muchin Rosenman UK LLP 1 2 Investing in Mid-Life Aviation Assets – Philip Perrotta, K&L Gates LLP 6 Contributing Editors 3 EU Law: Passenger Rights & Protections – Anna Anatolitou, Ince & Co LLP 11 Alan D. Meneghetti, Katten Muchin Rosenman UK LLP 4 Compensation for Non-Pecuniary Losses in Wrongful Death Cases: Addressing the Global and Philip Perrotta, K&L Inconsistency – Marc S. Moller & Justin T. Green, Kreindler & Kreindler LLP 16 Gates LLP 5 Regulations on Drone Flights in Japan – Hiromi Hayashi & Koji Toshima, Mori Hamada & Matsumoto 21 Sales Director Florjan Osmani 6 WALA: 10 Years of Growth in the Airport Sector – Alan D. Meneghetti & Michael Siebold, Account Director Worldwide Airports Lawyers Association (WALA) 25 Oliver Smith Sales Support Manager 7 Liability for Damage in International Civil Aviation from a GNSS Perspective – Pablo Mendes de Leon, Toni Hayward Leiden University 28 Sub Editor Jane Simmons Country Question and Answer Chapters: Senior Editors Rachel Williams 8 Argentina Freidenberg, Freidenberg & Lifsic: Elizabeth Mireya Freidenberg 33 Caroline Collingwood CEO 9 Austria Kubes Passeyrer Attorneys at Law: Dr. David Kubes & Mag. Tina Vollmann 42 Dror Levy 10 Belgium Monard Law: Birgitta Van Itterbeek & Tine Bogaerts 49 Group Consulting Editor Alan Falach 11 Brazil ASBZ Advogados: Guilherme Amaral & Beatriz Giacomini 58 Publisher Rory Smith 12 British Virgin Islands The Maples Group: Michael Gagie & Rebecca Lee 64 Published by 13 Canada Dentons Canada LLP: Robert Quon & Stacy Shields 71 Global Legal Group Ltd. 59 Tanner Street 14 Cayman Islands The Maples Group: Sherice Arman & Shari McField 79 London SE1 3PL, UK Tel: +44 20 7367 0720 15 Colombia Gongora Reina & Associates: Jorge Góngora 86 Fax: +44 20 7407 5255 Email: [email protected] 16 Denmark IUNO: Aage Krogh 93 URL: www.glgroup.co.uk GLG Cover Design 17 France Clyde & Co: Maylis Casati-Ollier & Benjamin Potier 99 F&F Studio Design 18 Germany Urwantschky Dangel Borst PartmbB: Rainer Amann & Claudia Hess 108 GLG Cover Image Source iStockphoto 19 India Lakshmikumaran & Sridharan: Neeraj Dubey & Rohit Subramanian 117 Printed by Stephens & George 20 Ireland The Maples Group: Donna Ager & Mary Dunne 126 Print Group January 2019 21 Israel Gross Orad Schlimoff & Co. (GOS): Omer Shalev 137 Copyright © 2019 22 Italy Studio Pierallini: Laura Pierallini & Francesco Grassetti 146 Global Legal Group Ltd. All rights reserved 23 Japan Mori Hamada & Matsumoto: Hiromi Hayashi 155 No photocopying 24 Malaysia Azmi & Associates: Norhisham Abd Bahrin & ISBN 978-1-912509-51-5 Nazran Arvind Bin Nahdan Rengganathan 164 ISSN 2050-9839 25 Malta Dingli & Dingli Law Firm: Dr. Tonio Grech 173 Strategic Partners 26 Mexico Cervantes Sainz, S.C.: Luis A. Cervantes Muñiz & Alejandro Zendejas Vázquez 180 27 Nigeria Banwo & Ighodalo: Kashimana Tsumba & Tenilola Olowu 187 28 Pakistan Kabraji & Talibuddin: Syed Ali Bin Maaz & Mubeena Sohail Ellahi 194 29 Panama Arias, Fabrega & Fabrega: Roy C. Durling & Sofía J. Cohen 203 PEFC Certified 30 Romania Furtună și Asociații: Mihai Furtună & Ioana Anghel 209 This product is from sustainably managed forests and controlled sources 31 Russia AEROHELP Law Office: Oleg Aksamentov & Ilona Tsimbal 218 PEFC/16-33-254 www.pefc.org Continued Overleaf Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.COM The International Comparative Legal Guide to: Aviation Law 2019 Country Question and Answer Chapters: 32 South Africa Christodoulou & Mavrikis Inc.: Chris Christodoulou & Antonia Harrison 227 33 Sweden IUNO: Aage Krogh 235 34 Switzerland VISCHER AG: Urs Haegi & Dr. Thomas Weibel 241 35 Thailand Weerawong, Chinnavat & Partners Ltd.: Nattaporn Pengkul 250 36 United Kingdom Katten Muchin Rosenman UK LLP / K&L Gates LLP: Alan D. Meneghetti & Philip Perrotta 256 37 USA LeClairRyan PLLC: Diane Westwood Wilson & Rebecca Tingey 270 Chapter 1 The Use of Personal Data in the Commercial Aviation Alan D. Meneghetti Industry Katten Muchin Rosenman UK LLP Yasmin Roland The aviation industry, much like any other industry, generates vast amounts of just about every type of data – from engineering and Collection Points scientific data, to flight data and weather data, through to consumer Personal data is collected throughout the entire “passenger data, passenger data, security data, personal and in some cases (what experience” from the beginning, starting with the booking of an we in the EU refer to as) special categories of personal data (that is, airline ticket, to the potential purchasing of duty-free products on data regarding one’s race and ethnic origins, medical information, board, as demonstrated in the example set out below. religious beliefs and so on) [see Endnote 1]. A passenger wishing to travel from London Gatwick will log The generation of data gives rise to many questions, including: on to the Gatwick Airport website to find out the best way ■ where that data is collected; to travel to the airport. While browsing the Gatwick Airport ■ how that data is treated by the recipient or holder of that data; website, cookies will be collected which track the passenger’s movements through the airport’s website. In certain situations, ■ where that data is stored; the passenger may volunteer their email address and other ■ whether or not that data needs to be stored securely and, if so, personal information in order to be contacted by the airport whether it is indeed stored securely; in the event of delays (due to, for example, bad weather) or ■ if that data needs to be stored securely, the standards of to receive regular updates and news from the airport. Before security to which that data storage needs to comply; leaving their house, or whilst on their mobile, the passenger ■ the use of that data; and may check in online, select their seat on the aircraft and input their meal choice and any other dietary requirements which ■ if that data relates to an individual (a “data subject”), whether they may have (at which point more cookies are collected, the data subject supplied their consent knowingly, willingly as well as personal data, this time by the airline on which and whilst being fully informed of: (i) the uses to which the passenger is travelling). Potentially, special categories of their data will be put; (ii) where their data will be stored personal data can also be collected; for example, pointers to and processed; and (iii) the security arrangements that are in the passenger’s physical health and religion may (although place with respect to their data (and – a corollary of sorts – admittedly not necessarily) be indicated by meal choices and whether they can withdraw their consent and “take their data special requirements (such as, for example, the need for a back”)? wheelchair, extra oxygen on board or special assistance). Naturally, the answers to, and indeed the relevance of, these questions Once at the airport, the passenger will drop their bag at the will depend on the type of data which is involved – flight, weather, airline’s bag-drop counter (again, delivering personal data technical and engineering data (for example) will be treated differently regarding their name, passport details, address, flight details and viewed by different groups of people than a passenger’s personal and so on), pass through customs and immigration (at which data which might be collected by duty-free shops, the airport (either point more personal data is submitted to the customs and immigration authorities) and proceed to security, where they directly or through its website), the ground handlers and security may be scanned using a full body scanner (which collects companies, or the airline operators. Furthermore, it is worth keeping personal data regarding the passenger, at least to the extent in mind that not all types of data are protected by law – whilst certain to which the scanners are able to identify any physical health types of data (most notably, personal data) will be legislatively
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