ICAO EUR HLSC Preparatory Seminar

1. ICAO EUR HLSC Preparatory Seminar 9-11 February 2010 Baku, Azerbaijan Theme 2: Towards the proactive management of safety Topic 2.4:The protection of sources of safety information

2. Overview • HLSC Working Paper 7 – WP/7 • Title: Enhancing safety through the protection of critical safety information SSP and SMS need steady safety data inflow to function effectively. The protection of information from these sources of safety data from improper use is essential to ensure continued safety data availability • Five sections of the WP: • Introduction • Background information • Discussion • Proposal • Conclusions ICAO EUR HLSC Preparatory Seminar

3. Introduction ICAO EUR HLSC Preparatory Seminar • The facts: • Successful safety strategies have relied on the constant flow of safety data a large amount of which is provided on a voluntary basis by front line personnel or through the constant recording system on the understanding that such data would only be used for safety purposes and not for retribution.

4. Introduction ICAO EUR HLSC Preparatory Seminar • The facts: • Numerous sources of safety data are available to generate information to feed SSP and SMS. However, their continued availability depends to a large extent on the capacity of the aviation community to ensure that such data are protected from inappropriate. It is essential to maintain steady safety data inflow for safety management in civil aviation

5. Background information ICAO EUR HLSC Preparatory Seminar Activities by ICAO to protect sources of safety data from inappropriate use initially focussed on protection of accident and incidents records. Provisions of Annex 13

6. Background information ICAO EUR HLSC Preparatory Seminar Application of Annex 13 provisions (para 5.12) vary among the States. Attempts to strengthen these provisions have not been successful, because it might interfere with the proper administration of justice within States

7. Background information • Reactive method • The reactive method responds to the events that already happened, such as incidents and accidents • Proactive method • The proactive method • looks actively for the • identification of • safety risks • through the analysis • of the organization’s • activities Predictive method The predictive method captures system performance as it happens in real-time normal operations to identify potential future problems ICAO EUR HLSC Preparatory Seminar Recent activities by ICAO to protect safety data from inappropriate use have focussed on sources of safety data other than specific records listed in Annex 13, para 5.12. This is because the safety risk-based approach of safety management has fostered the development of additional sources of safety data

8. Background information ICAO EUR HLSC Preparatory Seminar ICAO in close coordination and cooperation with States and industry has developed the Legal guidance for the protection of information from safety data collection and processing system - Attachment E to Annex 13 Legal guidance for States to adapt national laws and regulations to protect from inappropriate use the information from sources of safety

9. Discussion ICAO EUR HLSC Preparatory Seminar The nature of information derived from accident and incident records is clearly and significantly different from the nature of the information by the additional sources of safety data Accident and incident records provide information about consequential occurrences Information from other sources of safety data refers to inconsequential occurrences: events that have not generated damaging consequences

10. Discussion ICAO EUR HLSC Preparatory Seminar • Why to protect safety information? • To avoid “criminalization of error” and thus… • To ensure safety data availability • To secure constant flow of safety data to support SSP and SMS

11. Proposal ICAO EUR HLSC Preparatory Seminar • Further action by ICAO on protection of sources of safety data from improper use: • there is a need to protect safety data to ensure its continued availability for the implementation and advancement of SSP and SMS; and • separate endeavours are required to protect accident and incident records from endeavours to protect safety data from other sources, with a focus on protecting safety data from the other sources from inappropriate use by aviation organizations.

12. Conclusions ICAO EUR HLSC Preparatory Seminar SSP and SMS are systems for the management of safety and both need steady safety data to function effectively. The protection of information from these sources of safety data from improper use is essential to ensure continued safety data availability

13. Conclusions ICAO EUR HLSC Preparatory Seminar Protection that can eventually be afforded to accident and incident records is necessarily different from the protection that can be afforded to other sources of safety data, because of the nature of information. Such differentiation is a foremost consideration when deciding on level of protection.

14. Conclusions Safety management levels Middle Low High Predictive Proactive Reactive Reactive ASR Surveys Audits FDA, Direct observation system Accident and incident reports ASR MOR HAZARDS ICAO EUR HLSC Preparatory Seminar The greatest threat to the continued inflow of safety data to support implementation of SSP and SMS lies mostly in the recurrent use of information from other sources of safety data for internal retribution purposes

15. ICAO EUR HLSC Preparatory Seminar ICAO EUR HLSC Preparatory Seminar Theme 2: Towards the proactive management of safety Topic 2.4: The protection of sources of safety information Thank you