Aviation Black Box Justice: Navigating The Confluence Of Confidentiality And Victims' Rights

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Adriel Alan Berty, Christ (Deemed To Be University), Pune, Lavasa

ABSTRACT

This paper investigates how the concept of confidentiality around aviation black box data affects matters of determining liability and compensating victims of aviation crashes. Although the confidentiality system that is a part of the international law of aviation is meant to protect the integrity of safety investigations and promote full and open reporting, it may also restrict availability to important evidence that may be needed to prove fault. The central case in point is the Air India Flight 171 crash. Though a faulty fuel switch in the past had been complained about by pilots, the official investigation had mainly pointed to a pilot error as the cause of the accident. Partial cockpit voice records were released to the public and most black box information was kept secret. Such discriminatory disclosure deterred the capability of the families of victims, as well as the legal forums carrying out investigations on potential systemic or mechanical oversights. By critically pursuing the ICAO Annex 13 and its discussion of confidentiality in safety investigations, the paper examines whether its present understanding is overly focused on investigative confidentiality and not on judicial openness. Although the Annex aims to safeguard against the misuse of sensitive information and the preservation of non-punitive safety culture, its use might intimidate the right of the victims to the truth, accountability, as well as fair compensation. The paper, based on the regulatory theory, tort liability, and comparative judicial practices, will determine the extent to which the status quo balance between the safety investigation secrecy and the provision of the necessary evidence to the courts and the families of the victims is normatively justified. It is a balanced system that is required in this way so that fair justice is delivered, institutional negligence does not remain hidden and people do not lose their trust in aviation safety and the law.

Keywords: ICAO annex 13, Victims rights, Black Box, Aviation, compensation

181. AVIATION BLACK BOX JUSTICE- NAVIGATING THE CONFLUENCE OF CONFIDENTIALITY AND VICTIMS'

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