Would Be Unavailable In Most Criminal Proceedings And Civil Litigation

The ICAO has proposed adoption of global standards that would shield safety data offered on a voluntary basis from use in most criminal proceeding as well as civil cases. 

Those supporting the move say that using such information that is offered on a voluntary basis by pilots and others creates a chilling effect which discourages airline employees and others from offering up the information on their own.

The Wall Street Journal reports that protections for such data varies widely between ICAO member countries. In the U.S., for example, Congress has specifically exempted certain safety information from Freedom of Information Act requests. Judges have generally held back from demanding that they be given access to such data.

The proposal before the ICAO would codify such rules and ensure their continuation.

The ICAO proposal would allow data to be seen only after it is determined that such use would outweigh any chilling effect on the collection of such information. It would also greatly restrict who might have access to such data.

There are 160 ICAO member countries. The proposal is currently open for comments. Industry insiders estimate that the approval process could take years.

FMI: www.icao.int