ALPA Deplores Public Release of Fatal Accident Cockpit Voice Recording
Exploitation Demonstrates Immediate Need for Legal Protection
 WASHINGTON—Capt. John Prater, president of the Air Line Pilots Association,  Int’l (ALPA), condemned the recent online publication of the cockpit voice  recordings from the jet aircraft involved in a midair collision that took place  more than two years ago. The audio recordings, which were released by the  Brazilian prosecutor in the case, can be found in their entirety in the current  online edition of a U.S. magazine.
 “This type of exploitation is exactly why airline pilots the world over remain  adamant that recording devices installed in our cockpits must be protected and  kept absolutely private no matter where we fly,” said Prater. “In the United  States and Canada, the release of such information by government investigative  bodies is strictly controlled by law, but once a U.S. or Canadian aircraft  leaves North America, these privacy protections evaporate.”
 Professional pilots recognize the safety benefit of the cockpit voice recorder  and allow that intrusion into their workplace to advance aviation safety, not to  provide fodder for sensational journalism, explained Prater. The release of the  audio recording of the final moments in the lives of the Gol B-737 pilots as  they struggled to save their airliner and of the conversation of the ExcelAire  crew have no place in the news media. Publication of these recordings in any  form by the news media should be prohibited by law in every country.
 Recent remarks by U.S. NTSB officials suggest that there would be benefit in  additional recording capability. The NTSB has made such a recommendation on its  list of “Most Wanted Transportation Safety Improvements.”
 “The carelessness of the Brazilian government in releasing these recordings and  the tasteless actions of this magazine in making the recordings available online  for commercial gain threaten aviation safety and demonstrate once again that the  cockpit recordings cannot be protected,” said Prater. “We cannot begin to have  an objective discussion about the safety value of recording additional activity  in the cockpit until our pilots have iron-clad assurances from the global  aviation community, governments, and regulators that such recordings will be  strictly controlled and used only for their intended purpose—enhancing flight  safety.”
 ALPA maintains that this problem must be addressed immediately. The union  recognizes the need to broaden efforts to improve safety data collection but  this must be balanced with the need to protect that data from misuse. ALPA has  long underscored that other methods of obtaining higher-quality safety data  exist without running the risk of egregious violations of pilots’ privacy.  Capitalizing on higher-fidelity data recording, capturing the forces exerted on  cockpit controls, and sampling greater numbers of flight parameters more often  could all help obtain the objective data that would improve accident and  incident investigation. 
 “ALPA calls on the incoming U.S. administration to work through the  International Civil Aviation Organization to immediately set st
ALPA Says Brazilian Report Downplays ATC System Deficiencies in Midair  Collision
ALPA has taken the position that a Brazilian report on a 2006  midair collision between an airliner and a business jet ignores the severity of  the air traffic control system deficiencies that contributed to the tragedy.  Moreover, the Brazilian legal system, by pursuing criminal prosecution of the  pilots and controllers, is thwarting the global aviation industry’s ability to  improve safety.
 “The accident investigators found that this midair collision, like virtually  all airline accidents, was the result of many factors,” said Capt. Rory Kay,  ALPA’s executive air safety chairman. “In its report to the Brazilian  government, the U.S. National Transportation Safety Board lays out many safety  concerns, including serious deficiencies in Brazil’s air traffic control system,  and urges rapid improvements to help prevent a similar tragedy from occurring  again.”
 ALPA maintains that the report issued by the Brazilian government fails to  fully reflect the U.S. National Transportation Safety Board (NTSB) information  and recommendations. “ALPA urges the Brazilian government to reevaluate their  conclusions in light of the input made by their U.S. colleagues,” said Kay. “We  encourage them to swiftly continue actions to enhance safety for all aircraft  operating in Brazilian airspace.”
 The Association’s pilots have long recognized that the  goal of accident investigation is to learn everything possible about how to  prevent a similar accident from happening again. ALPA, which is the world’s  largest nongovernmental aviation safety and security organization, asserts that  criminalizing those involved does nothing to achieve that goal.
 “The facts clearly show that there are opportunities to improve the aviation  system by addressing deficiencies in the air traffic control system, potential  design problems with the aircraft, and mistakes by the professionals,” said  Capt. John Prater, ALPA’s president. “It is equally clear that no person acted  with any intent to do harm.”
 ALPA’s Safety Committee has long held among its top priorities developing  regulatory and investigative policies to prevent the criminalization of aircraft  incidents and accidents throughout the world. 
 “The threat of criminal prosecution hinders information-gathering and  data-sharing, which form the foundation of accident investigation,” continued  Prater. “Pursuing prosecution for the alleged mistakes of professional airmen is  misguided and incompatible with preventing future accidents.”
 ALPA calls on aviation professionals in government and industry throughout  the world to create an environment that fosters a “just culture” in which  identification of safety deficiencies is used only for the purpose of making the  aviation system as safe as possible.
 “ALPA urges the Brazilian government in the strongest terms possible to  abandon this ill-conceived effort to arbitrarily assign criminal liability in  this accident,” concluded Prater. “Our society must honor all who have suffered  by making theirs a legacy of a safer air transportation system.”