AMC1 SPO.GEN.145(f)(1) Handling of flight recorder recordings: preservation, production, protection and use

USE OF AUDIO RECORDINGS FOR MAINTAINING OR IMPROVING SAFETY

(a)     The procedure related to the handling of audio recordings from flight recorders and of their transcripts should be documented and signed by all parties (aircraft operator, crew members, maintenance personnel if applicable). This procedure should take into account Regulation (EU) 2016/679 and, as a minimum, define:

(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 audio recordings from flight recorders and their transcripts to specifically authorised persons identified by their position;

(3)     a retention policy and accountability, including the measures to be taken to ensure the security of audio recordings from flight recorders and transcripts thereof and their protection from misuse. The retention policy should specify the period of time after which such audio recordings and identified transcripts are destroyed;

(4)     a description of the uses made of audio recordings from flight recorders and their transcripts;

(5)     the participation of flight crew member representatives in the assessment of audio recordings from flight recorders and their transcripts;

(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 an audio recording file from a flight recorder is read out under the conditions defined by SPO.GEN.145(f)(1):

(1)     parts of the audio recording file 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; and

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

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

(ii)     evidence that the persons concerned consented to the use made (or the intended use) of the audio recording file.

(c)      The person who fulfils the role of a safety manager should be responsible for the protection and use of audio recordings from flight recorders and transcripts thereof, 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 audio recordings from flight recorders, contractual agreements with this third party should cover the aspects enumerated in (a) and (b).