Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 140 : Safety Management SystemSubpart 2 : Safety Data and Safety Data Collection, Analysis, Protection, Sharing and Exchange140.02.3 Safety data and safety information analysis |
| (1) | Safety data collected through safety data collection and processing systems shall be handled with a view to preventing the use of information for purposes other than safety and to appropriately safeguard the confidentiality of the identity of a person making a report and of the persons mentioned in occurrence report, with a view to promoting a just culture. |
| (2) | The Director and an entity referred to in regulation 140.01.1 shall protect the confidentiality of safety data captured by and safety information derived from mandatory, confidential, and voluntary safety reporting systems and related sources in accordance with Document SA-CATS 140. |
| (3) | The Director and an entity referred to in regulation 140.01.1 shall process personal data only to the extent necessary for the purposes of this regulation and in compliance with national legislation dealing with the protection of personal information. |
| (4) | Subject to subregulations (1) and (2), the Director and an entity referred to in regulation 140.01.1 shall not make available or use safety data or safety information collected, stored, or analysed in accordance with regulations 140.02.1 and 140.02.04 for purposes other than maintaining or improving safety, unless a principle of exception applies as prescribed Document SA-CATS 140. |
| (5) | Notwithstanding the provisions of subregulation (4), the Director an an entity referred to in regulation 140.01.1 shall not be prevented from using safety data or safety information to take any preventative, corrective, or remedial action that is necessary to maintain or improve aviation safety. |
| (6) | The Director and an entity referred to in regulation 140.01.1 shall take necessary measures, including promotion of a positive safety culture to encourage safety reporting through the systems referred to in regulation 140.02.1. |
| (7) | The Director shall institute and make use of appropriate advance arrangements with State bodies entrusted with the administration of justice and such arrangements should take into account the principles for the protection of safety data, safety information, and related sources as prescribed in Document SA-CATS 140. |
[Regulation 14.02.2 substituted by regulation 13(j) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]