To represent, lead and serve the airline industry

The challenges for operators and service providers to protect

safety information

Michael Gill, Senior Legal Counsel - IATA

ICAO/COPAC International Safety Seminar24 March 2011

2

Introduction

Safety is the overriding priority for the industry Legal basis for objective accident investigation - Annex 13 Data gathering and analysis are essential 4 challenges facing the industry

Over zealous prosecutors Flawed regulatory regimes Blame culture Impact of modern media

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Over zealous prosecutors

Criminalisation is undermining the investigation process Broadening scope of the entities involved Piercing corporate veil Organisational failures are under the spotlight

Investigation regime must respect due process and uphold the non-punitive environment

4

Flawed regulatory regimes

Trend recognised by ICAO EU Regulation 966/2010 was a wasted opportunity

Right to legal representationCommunication of investigation information The accident report

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Blame culture

General societal trend Low tolerance of risk Political pressure on prosecutors Respect for the need to know what happened

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Impact of modern media

Information becomes very public, very quickly Often purely speculative Communications needs to be part of crisis action plan