AMC1 NCC.GEN.145(f)(3) Handling of flight recorder recordings: preservation, production, protection and use

USE OF IMAGES FROM THE FLIGHT CREW COMPARTMENT FOR MAINTAINING OR IMPROVING SAFETY

(a)     The procedure related to the handling of images of the flight crew compartment that are recorded by a flight recorder should be documented and signed by all parties involved (aircraft operator, crew member representatives nominated either by the union or the crew themselves, maintenance personnel representatives if applicable). This procedure should take into account Regulation (EU) 2016/679 and, as a minimum, define the following aspects:

(1)     the method to obtain the consent of all crew members and maintenance personnel concerned;

(2)     an access and security policy that restricts access to the image recordings to specifically authorised persons identified by their position;

(3)     a retention policy and accountability, including the measures to ensure the security of the image recordings and their protection from misuse;

(4)     a description of the uses made of the image recordings;

(5)     the participation of flight crew member representatives in the assessment of the image recordings;

(6)     the conditions under which advisory briefing or remedial training should take place; this should always be carried out in a constructive and non-punitive manner; and

(7)     the conditions under which actions other than advisory briefing or remedial training may be taken for reasons of gross negligence or significant continuing safety concern.

(b)     Each time a recording file from a flight recorder and containing images of the flight crew compartment is read out for purposes other than ensuring the serviceability of that flight recorder:

(1)     images that contain information with a privacy content should be deleted to the extent possible, and it should not be permitted that the detail of information with a privacy content is transcribed;

(2)     the operator should retain, and when requested, provide the competent authority with:

(i)      information on the use made (or the intended use) of the recording file; and

(ii)     evidence that the crew members concerned consented to the use made (or the intended use) of the flight crew compartment images.

(c)      The person fulfilling the role of safety manager should be responsible for the protection and use of images of the flight crew compartment that are recorded by a flight recorder, as well as for the assessment of issues and their transmission to the manager(s) responsible for the process concerned.

(d)     In case a third party is involved in the use of images of the flight crew compartment that are recorded by a flight recorder, contractual agreements with this third party should cover the aspects enumerated in (a) and (b).