Table of Contents
NON-DISCLOSURE OF RECORDED INFORMATION
Annex 13 – AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION
5.12 The State conducting the investigation of an accident or incident, wherever it occurred, shall not make the following records available for purposes other than accident or incident investigation, unless...
(5.12 Cont’d) ...unless the appropriate authority for the administration of justice in that State determines that their disclosure outweighs the adverse domestic and international impact such action may have on that or any future investigation:
a) all statements taken from persons by the investigation authorities in the course of their investigation;
c) medical or private information regarding persons involved in the accident or incident;
e) Opinions expressed in the analysis of information, including flight recorder information.
These records shall be included in the final report or its appendices only when pertinent to the analysis of the accident or incident. Parts of the records not relevant to the analysis shall not be disclosed.
Note.– Information contained in the records listed above, which includes information given voluntarily by persons interviewed during the investigation of an accident or incident, could be utilized inappropriately for subsequent disciplinary, civil, administrative and criminal proceedings. (Continued)
(Note Cont’d) If such information is distributed, it may, in the future, no longer be openly disclosed to investigators. Lack of access to such information would impede the investigative process and seriously affect flight safety.
ACCIDENT INVESTIGATION AND PREVENTION (AIG) DIVISIONAL MEETING (1999) Montreal, 14 to 24 September 1999
NON-DISCLOSURE OF RECORDS
Preventing disclosure of cockpit voice recordings and transcripts presents greater difficulties to investigators than do the other records listed in 5.12. The Secretariat considers that non-disclosure of the recordings and transcripts be the subject of a Standard of its own.
Also, a change in the heading from “disclosure” to “non-disclosure” is proposed, since it better reflects the intent.
Non-disclosure of cockpit voice recordings and transcripts
(5.8 Cont’d) ...unless the appropriate authority for the administration of justice in that State determines that their disclosure outweighs the adverse domestic and international impact such action may have on that or any future investigations.
5.8.1 Transcripts, or parts thereof, shall be included in the final report or its appendices only when pertinent to the analysis of the accident or incident. Transcripts, or parts thereof, not relevant to the analysis shall not be disclosed.
Note.– If a cockpit voice recording or its transcript is used inappropriately for purposes other than accident prevention, such use may prejudice the availability of this source of information in the future. Lack of access to such information would impede the investigation process and seriously affect flight safety.
Annex 11 - AIR TRAFFIC SERVICES Chapter 6. AIR TRAFFIC SERVICES REQUIREMENTS FOR COMMUNICATIONS
Requirements to record:
6.4.1.2 Recommendation.–
Annex 13 - paragraph 5.12
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