ICAO går inn for IFALPA`s Policy - Havarietterforsking

U.N. Panel Moves to Shield Voluntary Air-Safety Data from Prosecutors

International Civil Aviation Organization Recommends Adopting Global Standards

By ANDY PASZTOR

International air-safety officials have taken a big step toward blocking voluntary incident reports from being used by criminal prosecutors or plaintiffs' lawyers.

A policy-making panel of the International Civil Aviation Organization, an arm of the United Nations, on Wednesday recommended adoption of global standards intended to shield voluntarily collected safety data from criminal proceedings and civil litigation stemming from an accident or incident.

The move is still subject to comment, possible changes and formal approval by the more than 160 countries that are members of ICAO. Industry officials anticipate that process could take years.

The standards would become binding at that point, with many countries likely passing legislation to lock them in.

Still, the package approved Wednesday is the most concrete step yet by ICAO to support mandatory international standards in this arena. Proponents argue that when voluntary safety data is used as evidence in criminal or civil proceedings, it discourages airlines, pilots and other groups from continuing to freely provide such information.

Currently, standards protecting such aviation data vary widely from country to country, depending on local customs and laws. France, Italy, the U.K., Brazil and South Korea are among the nations where air-safety experts complain the actions of prosecutors have had a chilling effect on voluntary data programs. In a few countries, even transcripts of cockpit-voice recorders-which are supposed to be among the most closely guarded parts of safety investigations-have been used and sometimes made public by prosecutors or judges.

In the U.S., Congress has explicitly protected certain safety data from Freedom of Information Act requests, and judges typically have refrained from demanding unfettered access to data.

But there aren't any binding legal protections to ensure that continues.

For the first time, the proposal provides detailed language and a road map to protect incident reports and voluntary safety data world-wide, according to Ken Quinn, a Washington aviation lawyer and co-chairman of an ICAO-sponsored task force that took nearly four years to draft the recommendations.

Now, the industry has "guidance that is specific" and offers protections "far greater than we have today," Mr. Quinn told an international safety conference on Thursday. He described the move as "considerable progress," and urged countries to implement changes in advance of final ICAO action.

The proposal, among other things, includes language emphasizing that prosecutors and judges could demand to see data only after determining that the need for such access would significantly outweigh the continued safety benefits of voluntary collection.

If some data ends up released to a court or criminal proceeding, the proposal requires maintaining confidentiality by keeping the material out of public files and sharply restricting who has access, according Mr. Quinn

In addition, Mr. Quinn said the package envisions setting up programs to train prosecutors and judges about the potential setbacks to safety resulting from using voluntary data for purposes it was never intended to serve.

John Hickey, the Federal Aviation Administration's No. 2 safety official, said the latest ICAO move highlights the importance of proactive collection and sharing of voluntary safety data.

"This is going to be the basis of how we improve safety" in coming decades, Mr. Hickey told the conference.