This judicial decision goes against ICAO Annex 13:
The sole purpose of the investigation of an accident shall be the prevention of accidents and incidents. It is not the purpose of this activity to apportion blame or liability.
The decision also serves to undermine the safety culture enabled by non-punitive (and therefore open) discussions of incidents and accidents that has been decades in the making.
Originally Posted by
Flying Lawyer
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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?
CVR releases should be transcripts only, with the irrelevant portions redacted. FDR data should be released and available to the public in full detail.
(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?
Since the CVR consists of one's own words, there should be no legal constraint on using it on your own behalf.
(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?
The pilot or his or her family should be able to retain full and free access and use of any recordings of their own utterances (pilot) or that of the deceased (estate).