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Balance between justice and safety

Balance between justice and safety. Luís Esteves – APPLA. Balance between justice and safety. Introduction Crime Legislation Conclusions and Possible Solutions. Introduction. Problem between juridical principles and aircraft safety fundamentals.

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Balance between justice and safety

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  1. Balance between justice and safety Luís Esteves – APPLA

  2. Balance between justice and safety • Introduction • Crime • Legislation • Conclusions and Possible Solutions

  3. Introduction • Problem between juridical principles and aircraft safety fundamentals. • Protection from juridical use seems incongruent. • Both systems can not work properly on the same data. • Balance of public interests.

  4. Introduction • The mechanism regulating this balance is present on all documents and legislation. • In reality this balance does not work and data is not confidential. • Only penal laws are in control of this balance.

  5. Balance between justice and safety • Introduction • Crime • Legislation • Conclusions and Possible Solutions

  6. Crime • Crime is an human action specifically described on criminal codes. • In Portugal the crime of dangerous operation of air transports (art. 289º cp.) has two main conditions: • Gross violation • Creation of danger to property or humans.

  7. Lack of confidence on safety investigation. • Administrative process and penalties. • Media and political pressure. • Personal involved suspended from their duties. Crime investigation consequences on safety • Judicial investigation will use evidence. • Data from safety investigation is evidence.

  8. Balance between justice and safety • Introduction • Crime • Legislation • Conclusions and Possible Solutions

  9. Legislation • Annex 13. • The protection of data has a balanced limit: • Administration of Justice and impact of data disclosure on future investigations. • This balance must be in legal harmonization with state laws. • Disclosure of data is determined by state penal laws.

  10. Legislation • SDCPS • Recommended by ICAO / Directive Nº 2003/42/CE applies in Portugal as law DL-218. • The system is depersonalized and compulsory. • The data collected is limited by penal laws. • Even the authority responsible for such data should take action if in presence of gross negligence or suspicion of crime.

  11. Legislation • Safety investigation authority. • Recommended on Annex 13 / Directive Nº 94/56/CE applies in Portugal as law DL-318. • This organism has access to all data available and makes final reports on accidents / incidents. • The data collected has a confidentiality limit by penal laws: • Judicial Authorities have access to this data. • Investigators must report to Judicial authorities. • All administrative personal has the duty to report to Judicial Authorities.

  12. Balance between justice and safety • Introduction • Crime • Legislation • Conclusions and Possible Solutions

  13. Conclusions and Possible Solutions • Conclusions. • Internacional Laws must be harmonized with state laws. • Big changes to law codes is a problem. • Changing laws extensively to get an acceptable level of confidentiality could be dificult on short term.

  14. Conclusions and Possible Solutions • Possible Solutions • It’s fundamental to have a good penal law. This law must only consider crime if in presence of: • Gross violation • Danger to persons or property • To have judicial authorities sensible and fully aware of the problem and only then can both try to find some solutions.

  15. Conclusions and Possible Solutions • Possible Solutions • Building reporting systems of natural confidential data on human factors. • Natural data is data concerning persons themselves. • It only exists because they confessed it. • Exists if out of reach from crime investigations. • Judicial authorities must be aware of this specific type of data. • Data naturally out of their reach.

  16. Conclusions and Possible Solutions • Possible Solutions • Pre-evaluation of evidence by both investigations. • Evaluate suspicion of crime prior to judicial inquirie. • Reducing damage to safety investigation. • Reduce pressure on pilots, operators, airlines and governments, specially pressure from media.

  17. Conclusions and Possible Solutions • Possible Solutions • Creation of reporting systems on human factors under control of independent safety investigation organisms. • Confidential and depersonalized. • For statistic analisys. • No possibility of tracking personnel involved. • Confidential even if request by criminal investigators.

  18. Conclusions and Possible Solutions • Possible Solutions • Clarification of CVR data release. • Legislation for data disclosure limitation. • Limit for general public and media. • Spirit of labour laws / exception to personal rights as constitutional rights. • Purpose of CVR data is to increase safety and not to be an intrusion on personal rights by public release.

  19. Thank you

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