The Greying of the Black Box

Chapter 3 provides an overview of the legal framework for aviation accident investigations at both the international and European levels. This sets the stage for discussing the admissibility of safety data obtained during safety investigations and the use of accident investigation reports in subsequent litigation arising from serious aviation accidents. Court decisions from various jurisdictions, including the UK, Canada, the US, and France, are discussed to highlight key legal principles related to the protection of safety data, the disclosure of materials and records held by safety investigators, and the admissibility of safety data – such as cockpit voice recorder transcripts, flight data recorder information, or the Final Report – as evidence in court. The second part of the chapter provides a comprehensive overview of significant developments and amendments at the international and European levels related to the legal issues discussed. Amendments to ICAO Annex 13 from 2010 to 2024 are highlighted, specifically, the 10th edition (2010), the 11th edition (2016), the 12th edition (2020), and the most recent 13th edition (2024). At the European level, EU Regulation 996/2010 (repealing Directive 94/56), as amended by EU Regulation 376/2014, is also discussed.