International Civil Aviation OrganizationEuropean and North Atlantic Office

ICAO EUR HLSC Preparatory Seminar9-11 February 2010

Baku, Azerbaijan

Theme 2: Towards the proactive management of safetyTopic 2.4:The protection of sources of safety information

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Overview HLSC Working Paper 7 – WP/7

Title: Enhancing safety through the protection of critical safety information

SSP and SMS need steady safety data inflow to function effectively. The protection of information from these sources of safety data from improper use is essential to ensure continued safety data availability

· Five sections of the WP:

Introduction Background information Discussion Proposal Conclusions

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Introduction

The facts:· Successful safety strategies have relied on the

constant flow of safety data a large amount of which is provided on a voluntary basis by front line personnel or through the constant recording system on the understanding that such data would only be used for safety purposes and not for retribution.

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Introduction

The facts:· Numerous sources of safety data are available to

generate information to feed SSP and SMS. However, their continued availability depends to a large extent on the capacity of the aviation community to ensure that such data are protected from inappropriate. It is essential to maintain steady safety data inflow for safety management in civil aviation

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Background information

Activities by ICAO to protect sources of safety data from inappropriate use initially focussed on protection of accident and incidents records.

Provisions of Annex 13

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Background information

Application of Annex 13 provisions (para 5.12) vary among the States. Attempts to strengthen these provisions have not been successful, because it might interfere with the proper administration of justice within States

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Background information

Recent activities by ICAO to protect safety data from inappropriate use have focussed on sources of safety data other than specific records listed in Annex 13, para 5.12. This is because the safety risk-based approach of safety management has fostered the development of additional sources of safety data

Reactive method

The reactive method responds to the

events that already happened, such as

incidents and accidents

Proactive methodThe proactive method looks actively for the

identification ofsafety risks

through the analysis of the organization’s

activities

Predictive methodThe predictive method

captures system performance

as it happens in real-time normal operations

to identify potential future problems

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Background information

ICAO in close coordination and cooperation with States and industry has developed the Legal guidance for the protection of information from safety data collection and processing system - Attachment E to Annex 13

Legal guidance for States to adapt national laws and regulations to protect from inappropriate use the information from sources of safety

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Discussion

The nature of information derived from accident and incident records is clearly and significantly different from the nature of the information by the additional sources of safety data

Accident and incident records provide information about consequential occurrences

Information from other sources of safety data refers to inconsequential occurrences: events that have not generated damaging consequences

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Discussion

Why to protect safety information?

· To avoid “criminalization of error”

and thus…· To ensure safety data availability· To secure constant flow of safety data to support SSP

and SMS

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Proposal

Further action by ICAO on protection of sources of safety data from improper use:

a) there is a need to protect safety data to ensure its continued availability for the implementation and advancement of SSP and SMS; and

b) separate endeavours are required to protect accident and incident records from endeavours to protect safety data from other sources, with a focus on protecting safety data from the other sources from inappropriate use by aviation organizations.

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Conclusions

SSP and SMS are systems for the management of safety and both need steady safety data to function effectively. The protection of information from these sources of safety data from improper use is essential to ensure continued safety data availability

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Conclusions

Protection that can eventually be afforded to accident and incident records is necessarily different from the protection that can be afforded to other sources of safety data, because of the nature of information. Such differentiation is a foremost consideration when deciding on level of protection.

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Conclusions

The greatest threat to the continued inflow of safety data to support implementation of SSP and SMS lies mostly in the recurrent use of information from other sources of safety data for internal retribution purposes

HA

ZAR

DS

Predictive

High

Proactive

Middle

Reactive

Low

Reactive

FDA, Directobservation

system

ASRSurveysAudits

ASRMOR

Accidentand incident

reports

Safety management levels

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ICAO EUR HLSC Preparatory Seminar

Theme 2: Towards the proactive management of safety

Topic 2.4: The protection of sources of safety information

Thank you