PROTECTION of SAFETY DATAPROTECTION of SAFETY DATA

ASPA / ICAOSafety Seminar

ASPA / ICAOSafety Seminar

Protection of Safety Data and Its Sources Protection of Safety Data and Its Sources

How far should we go?

Protection of Safety DataProtection of Safety Data

A Perspective from the

National Transportation Safety Board

USA

Robert MacIntosh

Safety Management System

• Various Data Sources

• (SDCPS) Safety Data Collection and Processing Systems

• Corrective action before an accident occurs

U.S.A. Protection for Voluntary Submitted Information

• ASRS

• FOQA

LOSA

• ASAP

• NASA

• FAR 193 and SB Act USC 1114(b)(3)

• FAA bilateral agreement

Safety Data Collection and Processing Systems

CAUTIONCAUTIONProtection of Safety Datafor Annex 13 Final Report

SDCPS

Mandatory Data

Mandatory Data

Self DisclosureData

Self DisclosureData

Annex 13 Accident & Incident

Investigation Records

Annex 13 Accident & Incident

Investigation Records

Voluntary DataVoluntary Data

SDCPSSDCPS SDCPS

Mandatory Data

Mandatory Data

Self DisclosureData

Self DisclosureData

Annex 13 Accident & Incident

Investigation Records

Annex 13 Accident & Incident

Investigation Records

Voluntary DataVoluntary Data

SDCPSSDCPS SDCPS

Democratic Government Public Right to Know

• Access Laws – Many States

• U.S. Freedom of Information Act… FOIA

• U.S. Government in the “Sunshine Act”

• U.S. Independent Safety Board Act

U.S. Independent Safety Board Act

• Requires the Safety Board to determine and publicly reportpublicly report - the facts, circumstances and causes(s)

U.S. NTSB Protections

• CVR voice recordings - protected

• Visual Recordings - protected

• Written Transcripts ARE released…

– They are not de-identified or summarized

• U.S. Law prevents use of the Safety Board Final Report as evidence in civil court action

8-26

4-22

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Summary - U.S. NTSB Protections

• U.S. law provides significantly more public access to accident records than guidance in Annex 13 Amendment 11, Attachment - E, of March 2006.

• We believe this open access provides an overall transparency and understanding of the investigation – supports public credibility of the investigation process, and contributes to aviation safety around the world.