UK law clears hurdle for airlines to ban unruly passengers from travelling

Airlines and the UK government are eyeing a proposal to create a national blacklist of disruptive passengers using their personal data, potentially curbing their access to flights. 

The scheme, currently being developed by officials from the Department for Transport and the Home Office, would require airlines to notify the government when a passenger is disruptive.

It is understood that officials from the Department for Transport are due to meet with airlines this month to discuss the proposal. 

An airline participating in the scheme would then be alerted if a passenger on the blacklist checks in for a flight. The airline would then have the option to refuse to carry that passenger if they wish.

In April, a YouGov survey found that over 5,000 British adults endorse the government creating a database of disruptive airline passengers to ban them from all flights. 

However, at the moment, passengers who behave in an abusive or disruptive way and subsequently get banned from travelling with an airline are still able to travel with other airlines. 

“Anti-social behaviour on flights is totally unacceptable, as it threatens the safety of passengers and crew and disrupts hard-earned holidays,” a spokesperson for the Department for Transport told City AM. 

The national blacklist would be managed by both the government and the airlines if it is passed, and would not require any legislative changes. 

“Whilst there are already tough laws in place to deal with offences committed on flights, we are exploring with industry how we can better tackle this issue by cracking down on people who persistently cause disruption,” the spokesperson added. 

Rowdy passengers can be blacklisted already under UK law

Nicola Cain, founder, chief executive and principal consultant at legal compliance consultancy Handley Gill, told City AM that under existing legislation – the Air Navigation Order – UK airlines are already allowed to gather and share information about rowdy passengers, particularly where that conduct constitutes a criminal offence. 

“Just being disruptive or abusive or drunk on an aircraft are sufficient to commit a crime,” Cain said. 

The UK’s data protection law – the GDPR – allows for this to be exercised as long as sufficient public interest can be justified.

“Since blacklists are generally frowned upon – and have been the subject of raids and litigation – it is perhaps understandable that airlines and their representative body Airlines UK would like some regulatory or legislative topcover to protect themselves from the fallout of banning their customers,” Cain said.