Article 16 -- Protection of the information source

• Regulation (EU) No 376/2014 found in: Occurrence Reporting (376/2014) (Dec 2022)

Article 16 — Protection of the information source Regulation (EU) No 376/2014 1. For the purposes of this Article, ‘personal details’ includes in particular names or addresses of natural persons. 2. Each organisation established in a Member State shall ensure that all personal details are made available to staff of that organisation other than persons designated in accordance with [Article 6](#_DxCrossRefBm2103820736)(1) only where absolutely necessary in order to investigate occurrences with a view to enhancing aviation safety. Disidentified information shall be disseminated within the organisation as appropriate. 3. Each Member State shall ensure that no personal details are ever recorded in the national database referred to in [Article 6](#_DxCrossRefBm2103820736)(6). Such disidentified information shall be made available to all relevant parties, for example to allow them to discharge their obligations in relation to aviation safety improvement. 4. The Agency shall ensure that no personal details are ever recorded in the Agency database referred to in [Article 6](#_DxCrossRefBm2103820736)(8). Such disidentified information shall be made available to all relevant parties, for example to allow them to discharge their obligations in relation to aviation safety improvement. 5. Member States and the Agency shall not be prevented from taking any action necessary for maintaining or improving aviation safety. 6. Without prejudice to applicable national criminal law, Member States shall refrain from instituting proceedings in respect of unpremeditated or inadvertent infringements of the law which come to their attention only because they have been reported pursuant to [Articles 4](#_DxCrossRefBm2103820737) and [5](#_DxCrossRefBm2103820741). The first subparagraph shall not apply in the cases referred to in paragraph 10. Member States may retain or adopt measures to strengthen the protection of reporters or persons mentioned in occurrence reports. Member States may in particular apply this rule without the exceptions referred to in paragraph 10. 7. If disciplinary or administrative proceedings are instituted under national law, information contained in occurrence reports shall not be used against: (a) the reporters; or (b) the persons mentioned in occurrence reports. The first subparagraph shall not apply in the cases referred to in paragraph 10. Member States may retain or adopt measures to strengthen the protection of reporters or persons mentioned in occurrence reports. Member States may in particular extend that protection to civil or criminal proceedings. 8. Member States may adopt or maintain in force legislative provisions ensuring a higher level of protection for reporters or for persons mentioned in occurrence reports than those established in this Regulation. 9. Except where paragraph 10 applies, employees and contracted personnel who report or are mentioned in occurrence reports collected in accordance with [Articles 4](#_DxCrossRefBm2103820737) and [5](#_DxCrossRefBm2103820741) shall not be subject to any prejudice by their employer or by the organisation for which the services are provided on the basis of the information supplied by the reporter. 10. The protection under paragraphs 6, 7 and 9 of this Article shall not apply to any of the following situations: (a) in cases of wilful misconduct; (b) where there has been a manifest, severe and serious disregard of an obvious risk and profound failure of professional responsibility to take such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriously compromises the level of aviation safety. 11. Each organisation established in a Member State shall, after consulting its staff representatives, adopt internal rules describing how ‘just culture’ principles, in particular the principle referred to in paragraph 9, are guaranteed and implemented within that organisation. The body designated pursuant to paragraph 12 may ask to review the internal rules of the organisations established in its Member State before those internal rules are implemented. 12. Each Member State shall designate a body responsible for the implementation of paragraphs 6, 9 and 11. Employees and contracted personnel may report to that body alleged infringements of the rules established by this Article. Employees and contracted personnel shall not be penalised for reporting alleged infringements. Employees and contracted personnel may inform the Commission about such alleged infringements. Where appropriate, the designated body shall advise the relevant authorities of its Member State concerning remedies or penalties in application of [Article 21](#_DxCrossRefBm2103820760). 13. On 15 May 2019 and every five years thereafter, each Member State shall send the Commission a report on the application of this Article, and in particular on the activities of the body designated pursuant to paragraph 12. The report shall not contain any personal data.