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Old 31st May 2011, 16:34
  #880 (permalink)  
grizzled
 
Join Date: Dec 2007
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jcjeant...

Re my response to CONF's question about access to investigation information, you wrote:

It's just for the organization between states ..... it's not realy instructive about who have really access to the data .... IMHO
Without going into too much unnecessary detail, I have a lot of experience with both Annex 13 and many of the State investigative agencies that are bound by its requirements (including BEA).

First, Annex 13 is not "just for the organization between states"; it is the document that States (including France) must comply with, as the basis for how to conduct investigations (supplemented or modified by State legislation and any differences filed with ICAO).

With specific reference to your statement about "who really have access to the data", BEA can, of course, include any other party they wish as part of the investigation. They can also release any portion of the data to any party they wish (an example might be a specialised psychologist to review and comment on crew voices under stress), in which case BEA would place confidentiality restrictions (as per Annex 13) on that person with regard to the information they have received.

Lastly, apart from the BEA investigation, there is a French legal investigation underway, and there will of course be other legal actions arising out of this accident. Who will have access to the CVR and DFDR data for those purposes is a matter for French (and possibly other State)courts.

Last edited by grizzled; 31st May 2011 at 17:36.
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