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from inappropriate use is to ensure its continued availability so
that proper and timely preventive actions can be taken and
aviation safety improved.
2.2 It is not the purpose of protecting safety information
to interfere with the proper administration of justice in States.
2.3 National laws and regulations protecting safety information
should ensure that a balance is struck between the need
for the protection of safety information in order to improve
aviation safety, and the need for the proper administration of
justice.
Annex 13 — Aircraft Accident and Incident Investigation Attachment E
12/31/111//0016 ATT E-2
No. 11
2.4 National laws and regulations protecting safety information
should prevent its inappropriate use.
2.5 Providing protection to qualified safety information
under specified conditions is part of a State’s safety responsibilities.
3. PRINCIPLES OF PROTECTION
3.1 Safety information should qualify for protection from
inappropriate use according to specified conditions that should
include, but not necessarily be limited to: the collection of
information was for explicit safety purposes and the disclosure
of the information would inhibit its continued availability.
3.2 The protection should be specific for each SDCPS,
based upon the nature of the safety information it contains.
3.3 A formal procedure should be established to provide
protection to qualified safety information, in accordance with
specified conditions.
3.4 Safety information should not be used in a way different
from the purposes for which it was collected.
3.5 The use of safety information in disciplinary, civil,
administrative and criminal proceedings should be carried out
only under suitable safeguards provided by national law.
4. PRINCIPLES OF EXCEPTION
Exceptions to the protection of safety information should
only be granted by national laws and regulations when:
a) there is evidence that the occurrence was caused by an
act considered, in accordance with the law, to be conduct
with intent to cause damage, or conduct with
knowledge that damage would probably result, equivalent
to reckless conduct, gross negligence or wilful
misconduct;
b) an appropriate authority considers that circumstances
reasonably indicate that the occurrence may have been
caused by conduct with intent to cause damage, or
conduct with knowledge that damage would probably
result, equivalent to reckless conduct, gross negligence
or wilful misconduct; or
c) a review by an appropriate authority determines that
the release of the safety information is necessary for
the proper administration of justice, and that its release
outweighs the adverse domestic and international
impact such release may have on the future availability
of safety information.
5. PUBLIC DISCLOSURE
5.1 Subject to the principles of protection and exception
outlined above, any person seeking disclosure of safety information
should justify its release.
5.2 Formal criteria for disclosure of safety information
should be established and should include, but not necessarily
be limited to, the following:
a) disclosure of the safety information is necessary to correct
conditions that compromise safety and/or to change
policies and regulations;
b) disclosure of the safety information does not inhibit its
future availability in order to improve safety;
c) disclosure of relevant personal information included in
the safety information complies with applicable privacy
laws; and
d) disclosure of the safety information is made in a deidentified,
summarized or aggregate form.
6. RESPONSIBILITY OF THE CUSTODIAN
OF SAFETY INFORMATION
Each SDCPS should have a designated custodian. It is the
responsibility of the custodian of safety information to apply
all possible protection regarding the disclosure of the information,
unless:
a) the custodian of the safety information has the consent
of the originator of the information for disclosure; or
b) the custodian of the safety information is satisfied that
the release of the safety information is in accordance
with the principles of exception.
7. PROTECTION OF RECORDED
INFORMATION
Considering that ambient workplace recordings required by
legislation, such as cockpit voice recorders (CVRs), may be perceived
as constituting an invasion of privacy for operational personnel
that other professions are not exposed to:
a) subject to the principles of protection and exception
above, national laws and regulations should consider
ambient workplace recordings required by legislation
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附件13-航空器事故和事故征候调查(33)
