Broader Perspective
Looking at Icao annex 13 and EASA Reg 996/2010, as professional aviator, the use of CVR/FDR, in the interim report, raises serious questions on how the actual just culture / non punitive concept for the utilisation of these systems was envisaged.
The caveat envisaged in Art 14 of the regulations must not used lightly, in prior cases for both fixed wing and helicopter, we have seen data being used well outside the boundaries of agreed protocols.
We all need to discuss the broader implications and trends, both planning / operationally / commercially and most important legally.
Even the AAIU website states this protocol.
http://www.aaiu.ie/guidance-documentation
"RECORDERS
The AAIU will retrieve the Cockpit Voice Recorder (CVR), the Flight Data Recorder (FDR) and any other recorded information that is available and pertinent to the operation of the flight. Once within the jurisdiction of the AAIU, the recorded material will be confidential to the investigation, however, the affected flight crew may, under the supervision of the AAIU, listen to the CVR."
http://www.skybrary.aero/index.php/Regulation_996/2010_on_the_investigation_and_prevention_of_accidents_and_in cidents_in_civil_aviation
"Protection of Sensitive Safety Information
Article 14 of the Regulation establishes a list of records that shall not be made available or used for purposes other than safety investigation, such as:
identity of persons who have given evidence;
opinions and notes of investigators;
draft reports;
FDR data;
cockpit voice and image recordings, and their transcripts;
written or electronic recordings and transcriptions of recordings from air traffic control units;
occurrence reports filed under Directive 2003/42/EC, etc.
However, it is recognised that the administration of justice or the competent authority in a EU Member State may decide on the disclosure of records according to national law. Member States are invited to limit the cases in which such a decision of disclosure may be taken.
Communication of Information
Article 15 of the Regulation stipulates that:
the anonymity of those involved in an accident or incident shall be protected;
information, deemed relevant to the prevention of accidents and incident, shall be communicated to aircraft (and equipment) manufacturers, maintenance organisations, aircraft operators and training organisations;
EASA and national civil aviation authorities receive relevant factual information obtained during the safety investigation, except information referred to in Article 14(1);
victims and their relatives or their associations or public are appropriately informed without compromising the objectives of the safety investigation."