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complementary data which can help validate each recording
and aid in determining timing and synchronization.
Flight recorders should not be opened or powered up and
original recordings should not be copied (particularly not by
high-speed copy devices) prior to the read-out because of the
risk of damage to the recordings.
The facility at which the flight recorders are read out for
another State should be given an opportunity to comment on
the Final Report in order to ensure that the characteristics of
the flight recorder analysis have been taken into account.
The facility at which the flight recorders are read out may
require the expertise of the aircraft manufacturer and the
operator in order to verify the calibration data and validate the
recorded information.
Annex 13 — Aircraft Accident and Incident Investigation Attachment D
1/11/01 ATT D-2
The State conducting the investigation may leave the
original recordings, or a copy of them, with the read-out
facility until the investigation is completed, in order to
facilitate the timely resolution of additional requests or
clarifications, providing that the facility has adequate security
procedures to safeguard the recordings.
23/11/06
No. 11
ANNEX 13 ATT E-1 12/31/111/0/016
No. 11
ATTACHMENT E. LEGAL GUIDANCE FOR
THE PROTECTION OF INFORMATION FROM
SAFETY DATA COLLECTION AND PROCESSING SYSTEMS
1. INTRODUCTION
1.1 The protection of safety information from inappropriate
use is essential to ensure its continued availability, since
the use of safety information for other than safety-related
purposes may inhibit the future availability of such information,
with an adverse effect on safety. This fact was recognized
by the 35th Assembly of ICAO, which noted that existing
national laws and regulations in many States may not
adequately address the manner in which safety information is
protected from inappropriate use.
1.2 The guidance contained in this Attachment is therefore
aimed at assisting States enact national laws and regulations
to protect information gathered from safety data
collection and processing systems (SDCPS), while allowing
for the proper administration of justice. The objective is to
prevent the inappropriate use of information collected solely
for the purpose of improving aviation safety.
1.3 Because of the different legal systems in States, the
legal guidance must allow States the flexibility to draft their
laws and regulations in accordance with their national policies
and practices.
1.4 The guidance contained in this Attachment, therefore,
takes the form of a series of principles that have been distilled
from examples of national laws and regulations provided
by States. The concepts described in these principles could be
adapted or modified to meet the particular needs of the State
enacting laws and regulations to protect safety information.
1.5 Throughout this Attachment:
a) safety information refers to information contained in
SDCPS established for the sole purpose of improving
aviation safety, and qualified for protection under
specified conditions in accordance with 3.1 below;
b) operational personnel refers to personnel involved in
aviation operations who are in a position to report
safety information to SDCPS. Such personnel include,
but are not limited to, flight crews, air traffic controllers,
aeronautical station operators, maintenance technicians,
cabin crews, flight dispatchers and apron
personnel;
c) inappropriate use refers to the use of safety information
for purposes different from the purposes for which
it was collected, namely, use of the information for
disciplinary, civil, administrative and criminal proceedings
against operational personnel, and/or disclosure
of the information to the public;
d) SDCPS refers to processing and reporting systems,
databases, schemes for exchange of information, and
recorded information and include:
1) records pertaining to accident and incident investigations,
as described in Chapter 5;
2) mandatory incident reporting systems, as described
in Chapter 8;
3) voluntary incident reporting systems, as described
in Chapter 8; and
4) self-disclosure reporting systems, including automatic
data capture systems, as described in
Annex 6, Part I, Chapter 3, as well as manual data
capture systems.
Note.— Information on safety data collection and
processing systems can be found in the Safety Management
Manual (SMM) (Doc 9859).
2. GENERAL PRINCIPLES
2.1 The sole purpose of protecting safety information
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