Cloud is the new black box? Digitalisation of flight records and the legal limits of Annex 13

The aviation industry has high safety standards with strict international and domestic regulations, but it's not always possible to prevent every accident. In investigations conducted to determine the causes of accidents and prevent similar incidents from recurring, flight recorders (commonly known as black boxes) play a fundamental role. These devices record important flight data and cockpit conversations, providing critical information for accident investigations. However, traditional flight recorders rely on the physical recovery of data, as stipulated in Annex 13 of the ICAO Chicago Convention. This may lead to delays in the data recovery process, especially in accidents that occur in hard-to-reach areas. Technological developments in aviation in recent years have made it potentially possible to transfer flight data to ground stations in real time via satellite or to store it in remotely accessible systems. These innovations significantly reduce the need for physical data recovery after an accident and promise faster and more efficient accident investigation processes. However, these technologies also raise numerous new issues, including data protection, privacy, jurisdictional conflicts, and legal liability. This article examines the compatibility of international aviation law, particularly the existing regulations outlined in Annex 13, with these technological innovations and offers recommendations to address potential incompatibilities.