1. 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

2. 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.

3. 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

4. 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?