| GA-2000-03 |
| 2000-12-05 |
Subject
Privacy - Flight Test Standards
Reference
- TP 12475 - Flight Test Standard, Recreational Pilot Permit - Aeroplane
- TP 2655 - Flight Test Standard, Private and Commercial Pilot Licence - Aeroplane
- TP 3077 - Flight Test Standard, Private and Commercial Pilot Licence - Helicopter
- TP 219 - Flight Test Standard, Multi-Engine Class Rating
- TP 9939 - Flight Test Standard, Instrument Rating
- TP 5537 - Flight Test Standard, Flight Instructor Rating, Aeroplane, Helicopter, Aerobatic
Background
The Privacy Act protects the privacy of individuals with respect to personal information about themselves held by a government institution. A flight test, and the resulting flight test report, measures the performance of the candidate for the flight test, the examiner conducting the flight test, the instructor who recommended the flight test, and, through identification of the flight training unit, the chief flight instructor of that unit.
Within the limits of the Privacy Act, personal information may be disclosed for the purpose for which the information was obtained or for a use consistent with that purpose. Flight test information is obtained for the purpose of aviation safety and all parties identified on the flight test report have a stake in the outcome. To clarify the application of the Privacy Act to the handling of flight test reports, and to advance aviation safety, a clear statement of policy is needed to ensure that a consistent procedure is applied in all regions.
Action
The following policy is in effect and will be included in all flight test standards as they are re-issued:
Flight Test Results
The Privacy Act protects the privacy of individuals with respect to personal information about themselves held by a government institution. A flight test, and the resulting flight test report, measures the performance of the candidate for the flight test, the examiner conducting the flight test, the instructor who recommended the flight test, and, through identification of the flight training unit responsible for the training, the performance of the chief flight instructor of that unit. All of these are identified on the flight test report.
Personal information may be disclosed in accordance with Section 8(2)(a) of the Act, which allows disclosure "for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose". The purpose for which flight test information is obtained is to ensure the safety of aviation in Canada. The specific purposes are to measure whether the candidate meets the minimum skill standard for the licence or rating, whether the recommending instructor is performing competently as an instructor, whether the examiner is conducting the test in accordance with the standards, and whether the flight training unit is performing in accordance with the general conditions of the operator certificate.
In accordance with 8(2)(a) of the Privacy Act, a copy of the flight test report shall be given to the candidate for a flight test and a copy shall be retained by the examiner who conducted the flight test. A copy may also be given to the instructor who recommended the candidate for the flight test and to the chief flight instructor responsible for the quality of flight training at the flight training unit where the training was conducted. Specific information about the results of a flight test will not be given by Transport Canada to anyone but the individuals named on the flight test report except in accordance with the Privacy Act.
Expiry
This Policy Letter will expire once the flight test standards have been re-issued.
Manzur Huq
Director
General Aviation