Highlights ICAO (I) – protect sources of safety information to capture the operational drift ICAO (I) – protect sources of safety information to capture the operational drift FSF – broaden protection to prevent criminalization of error FSF – broaden protection to prevent criminalization of error IFALPA – punishment does not deter unintentional deviation IFALPA – punishment does not deter unintentional deviation IFATCA – importance of privacy of safety information following high profile events IFATCA – importance of privacy of safety information following high profile events Denmark – change effected at the political level Denmark – change effected at the political level NTSB – Clear differentiation between accident investigation reports and other sources of safety information NTSB – Clear differentiation between accident investigation reports and other sources of safety information

Highlights TSB – recognises privileged/protected data within the accident investigation process TSB – recognises privileged/protected data within the accident investigation process Eurocontrol – green & red OK, but grey? Ambiguities [lack of ambition?] in the wording of Annex 13 Attachment E Eurocontrol – green & red OK, but grey? Ambiguities [lack of ambition?] in the wording of Annex 13 Attachment E ICAO (II) – History of the development of Attachment E, to understand problems & compromises ICAO (II) – History of the development of Attachment E, to understand problems & compromises TC – Role of the regulator to create an environment where safety information flows without fear for reprisal; review States enforcement policy TC – Role of the regulator to create an environment where safety information flows without fear for reprisal; review States enforcement policy Note.- Denmark and Canada = give certificate holder opportunity to fix the problem before getting involved. Note.- Denmark and Canada = give certificate holder opportunity to fix the problem before getting involved.

Highlights Mexico (I) – Rigid judicial system; Constitution above international treaties; independence of investigative body Mexico (I) – Rigid judicial system; Constitution above international treaties; independence of investigative body Spain – Complexity of the European regulatory frame work; concern about leaks; independence of investigative body Spain – Complexity of the European regulatory frame work; concern about leaks; independence of investigative body Portugal – Public interest in not disclosing safety information; differences between Common Law Code & Napoleonic Code Portugal – Public interest in not disclosing safety information; differences between Common Law Code & Napoleonic Code Chile – Legislation provides a degree of protection; further incorporation of Annex 13 Amendment 11 Chile – Legislation provides a degree of protection; further incorporation of Annex 13 Amendment 11 Mexico (II) – Si se supone que un accidente es sinónimo de delito, entonces no se comprende la esencia jurídica de la aviación civil Mexico (II) – Si se supone que un accidente es sinónimo de delito, entonces no se comprende la esencia jurídica de la aviación civil

Questions to Ponder in Moving Forward 1.Why we fight? (no data = no SMS) 2.What are the issues at stake? Preservation of [as they exist] legal systems Preservation of [as they exist] legal systems The public right/need to know (FOI) The public right/need to know (FOI) [as they exist] legal systems be challenged? 3.Should [as they exist] legal systems be challenged? 4.How would the public benefit through the access to data points? 5.Bring in politicians/legislators/public: now, or after we have reached consensus and developed a plan? 6.Concerns about setting precedent: fact or fantasy?