Deal With It: Delta Air Lines Tells Flight Attendants It Cannot Stop Passengers From Taking Pictures Of Them

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Delta Air Lines has informed flight attendants that it cannot and will not stop passengers from photographing them…though there is one important exception. Let’s explore Delta’s newly clarified onboard photography rules.

Delta Air Lines Tells Flight Attendants It Cannot Stop Passengers From Onbaord Photography

As flagged by PYOK, a memo was recently circulated to Delta flight attendants titled, “Our approach to customer photos/videos.” The memo acknowledges recent instances of unwanted photography onboard (for example, anger directed at a flight attendant wearing a Palestinian flag pin), acknowledges that many flight attendants and other employees wish to ban such photography, but argues that its hands are tied.

“We know most customers are well-intended and document their travel experience as a normal and fun part of the journey, and employees do the same when they travel.

“Delta is a common carrier by air, meaning we are obligated to transport any passenger who pays our fare and agrees to our contract of carriage. Common carriers (aircraft, trains, subways, buses, etc.) cannot restrict customer conduct to the same degree that other businesses can, and we cannot implement or institute rules that are inconsistent with laws and regulations.”

Acknowledging that some private businesses do prohibit photography, Delta explains, “Those private businesses are permitted to implement such policies because they do not operate under the same regulations as airlines.”

But there is a limit….and a broad one.

The memo promises employees it will back them up “when the content captured is not well-intentioned.”

On the Delta.com “onboard experience” page, relevant language has been updated:

“We recognize that capturing content is a standard part of customers’ travel experiences. However, capturing content should not interfere with the safety or security of flight, fellow customers or our employees. We ask that you are mindful of including Delta employees in that content, and respectful in your intent.”

I find this a fairly reasonable approach and applaud Delta for 1.) clarifying to flight attendants that they have no reasonable expectation of privacy but also 2.) making clear there are limits.

It’s not perfect, though. After all, is holding flight attendants accountable well-intentioned? I would think passengers and flight attendants may disagree, leading exactly to the problems that led to this memo in the first place. I don’t think flight attendants are objecting to folks like me (who write flight reviews) who may get them in a picture as I photograph the cabin or seat or service flow.

And yet, I don’t see a better way. Every possible contingency cannot be adequately laid out in advance and I think that instances of bad intentions represent a small gray area rather than most cases. Obviously, if the filming interferes with safety or security, it should be off-limits. But that also doesn’t mean that capturing a picture of the plane or the cabin is a “security” concern. Rather, I’d say safety is implicated when it impedes flight attendants from doing their jobs and security is implicated when it causes a disturbance onboard or threatens the integrity of the plane (like someone trying to breach the flight deck or open an emergency exit door).

CONCLUSION

Delta has told flight attendants that they cannot stop passengers from taking pictures and videos unless it is not well-intentioned. While that leaves quite a bit of wiggle room, the practical effect is that you not do not have to fear a flight attendant yelling at you for taking photos on Delta. I appreciate this clarification from Delta and rejection of the idea that flight attendants have a reasonable right to privacy.

image: Delta Air Lines