Aviation; restrict the use of Automatic Dependent Surveillance-Broadcast data collected from aircraft
SB223 would create the “Limitation on Use of ADS-B Data Act” and restrict how Automatic Dependent Surveillance-Broadcast (ADS-B) data may be used in Alabama. The bill prohibits any person, including government agencies, from using ADS-B data to identify an aircraft for the purpose of assessing fees or imposing charges on the aircraft’s owner or operator. It defines ADS-B data broadly to include information broadcast by aircraft or derived from those broadcasts, and it applies whether the data is obtained directly, through third parties, or from databases and services that compile ADS-B information.
The bill also preserves existing and common uses of ADS-B for aviation safety and operations. It expressly allows use by air traffic control, the FAA, aviation service providers, and others for safety of flight, traffic management, search and rescue, accident investigation, facility planning, regulatory compliance, and voluntary operational services such as flight following, maintenance, and safety analytics, so long as the data is not used to identify aircraft for fee assessment or charges. The act is set to take effect October 1, 2026.
If enacted, SB223 would add a new state-law restriction on the commercial and governmental use of ADS-B data for revenue collection purposes, while leaving safety- and operations-related aviation uses intact. It would create a private right of action for aggrieved persons, authorize injunctive relief, actual or statutory damages up to $5,000 per violation, and attorney fees and costs. It would also authorize the Attorney General to enforce the law and seek civil penalties up to $10,000 per violation. The bill is framed to avoid conflict with federal aviation law and the national airspace system.
The bill appears generally supportive of aviation privacy and fairness concerns, with the sponsor’s findings emphasizing that ADS-B was developed for safety and should not be repurposed to impose fees or charges on aircraft owners and operators. The available record shows no committee transcript, no recorded votes, and the bill remains pending committee action in the house of origin, so there is no documented opposition or support beyond the bill text itself.
The main point of contention is the use of publicly available or third-party ADS-B data for fee collection, tolling, or other charges tied to aircraft operations. Supporters of the bill would likely view such practices as an improper use of safety technology and a privacy or fairness issue, while potential opponents may argue that the restriction limits governmental or private entities’ ability to recover costs or manage aviation-related access and services. The bill attempts to address this tension by carving out explicit exceptions for FAA, air traffic control, safety, and operational uses, and by stating it should not interfere with federal aviation functions.