I'd be interested to learn the views of professional pilots about these issues:
(1) Do you think there is any difference between releasing CVR and releasing FDR data?
Yes. FDR data is time stamped recorded objective flight parameters. (impersonal) It forms the framework of WHAT occurred and in what order. Making it viewable to the public, (especially aviation professionals) acts to enhance the credibility of the investigative process and of the eventual findings among informed professionals. Without credibility, these findings are valueless.
The recorded human voice is more personal. I'm satisfied with the balance afforded by US NTSB administrative law where FDR data and appropriately edited CVR transcripts are made publicly available when deemed a matter of public interest. The ban placed upon the release of actual CVR audio recordings is appropriate.
I'm also satisfied with the prohibition against using these data or any other NTSB investigative work product as evidence in any court case. Though the same facts may be presented as evidence in court, they must have been independently obtained.
(2) If you are opposed to either being released, would your stance be the same if a pilot/crew being prosecuted wanted to obtain either as part of their defence?
Same evidentiary and discovery rules for both sides. Independently gathered evidence and testimony should suffice. The purpose of air accident investigation and findings should be limited to the furtherence of aviation safety. Allowing these findings to become usable as evidence in criminal and civil liability courts taints the objectivity and credibility of all future investigations. Yeah the old "slippery slope" argument...
(3) Or if the pilot/crew (or their estate) wanted the material in order to defend a negligence claim. ie In a civil action against them or their estate/bereaved families?
Again, same rules for both sides. Resolving legal issues is a completely different matter to finding out why and how something happened so we can prevent future recurrences. Let's keep it that way!
westhawk