Originally Posted by BackPacker
And for the record, I'm with the Public Attorney as well. I think the "Openbaar Ministerie" has to have access to the data (but maybe not the actual physical CVR and FDR) to determine whether a criminal investigation should be started or not. Giving them access to the data does not automatically make this a criminal case.
Yes it does. There are clear rules governing the use of these data: the Public Attorney has the right to investigate the data
only if there are indications of deliberate acts, sabotage or terrorism, i.e. only if there are incidations of criminal acts. As a consequence, this would immediately become a criminal case once the OvV hands over these data.
But right now it is Mr. van Vollenhovens Onderzoeksraad who is the only one able to make the determination whether this is a criminal case or not. Something that's completely and utterly outside their jurisdiction and expertise.
On the contrary: the OvV is definitely
not outside their jurisdiction, because the access to this data is arranged
by law(*). Right now, the Public Attorney is operating outside his jurisdiction, by demanding access to data to which he is not entitled. This is very worrying, because by ignoring these legal agreements, the OM is seriously jeapardizing the flight safety culture in The Netherlands.
See also
this thread.
(*) Rijkswet Onderzoeksraad voor Veiligheid (loosely translated: "National Law for the Dutch Transport Safety Board")