Civil Aviation Administration - Denmark Regulations for Civil Aviation

Transcription

1 Civil Aviation Administration - Denmark Regulations for Civil Aviation BL 7-23 Regulations on automatic recording of voice communication and data* Edition 1, 24 June 2003 In pursuance of Subsection 10 of 52 and 149 of the Air Navigation Act, cf. Consolidation Act no. 543 of 13 June 2001, the Civil Aviation Administration - Denmark hereby stipulates on the authority of the Danish Ministry of Transport, cf. Order no. 795 of 3 September 2001 on delegation of authorities to the Civil Aviation Administration - Denmark and on publication of the Regulations issued by the Administration: 1. Reference documents 1.1 BL 3-18, Regulations on establishment of aerodrome management at approved aerodromes, latest edition. 1.2 BL 7-21, Regulations on establishment of air traffic services, latest edition. 1.3 BL 8-10, Regulations on mandatory reporting of flight safety occurrences, latest edition. 1.4 Aeronautical Information Publication (AIP) Denmark, latest edition. 1.5 Aeronautical Information Publication (AIP) Faeroe Islands, latest edition. 1.7 ICAO Annex 10, Aeronautical Telecommunications, latest edition. 1.8 ICAO Annex 11, Air Traffic Services, Air Traffic Control Service, Flight Information Service, Alerting Service, latest edition. 1.9 The documents mentioned in paragraphs are published on the CAA's homepage The documents may also be bought upon application to: Civil Aviation Administration - Denmark Service Centre P.O. Box 744 Ellebjergvej 50 DK-2450 Copenhagen SV Tel.: Fax: dcaa@slv.dk Furthermore, the documents mentioned in paragraphs , are published on the homepage of Retsinformation ( Legal Information ) The documents mentioned in paragraphs. 1.7 and 1.8 may be obtained from upon application to 1.6 Aeronautical Information Publication (AIP) Greenland, latest edition. * The draft BL has been notified to the European Commission in accordance with the provisions of the European Parliament and of Council Directive 98/34/EEC (the information procedure directive) as amended most recently by Council Directive 98/48/EEC. BL 7-23 / Edition 1 / / 1

2 ICAO Headquarters, Attn.: Document Sales Unit 999 University Street Montréal, Quebec; Canada H3C 5H7 Tel.: Fax: Sitatex: YULADYA Web: 2. Definitions Access to recorded material: By access to recorded material is meant a possibility to learn about the information contained in the material by means of the recording media or by availability of printouts, copies or the like of the recorded material. Fixed medium: A recording medium which is integrated/built in some recording equipment, e.g. a hard disk. Mean Time Between Failure - MTBF: The actual operative period of the equipment divided by the total number of errors which have resulted in a discontinuance of the automatic recording, in the equipment during the operative period. Note 1: The duration of the operative period shall be chosen so that it can include at least five errors and preferably more, so that it is possible to deduce a realistic MTBF figure. Note 2: External errors, as for instance power cuts, are not included in the MTBF of the recording equipment. Recorded material: By recorded material is meant recorded voice communication and data that are stored in a fixed medium or a removable medium, as well as print-outs of the recorded material. Removable medium: A recording medium which is not an integrated/built-in part of a recording equipment, e.g. magnetic tape, DAT (Digital Audio Tape), DVD (Digital Versatile Disc), etc. Third parties: By third parties is meant anybody else than the personnel responsible for the recording and the recording equipment. 3. Applicability This BL is applicable within Danish territory and within areas where Denmark according to international agreements is obliged to provide air traffic services. 4. General It rests with the person who has been granted permission to establish and operate a public aerodrome, or with the person who has been granted permission to provide air traffic services outside an aerodrome, hereinafter referred to as the licence holder, and where requirements for automatic recording of voice communication and data have been laid down in pursuance of other regulations, to ensure that recordings and access to the recorded material are made in accordance with the provisions of this BL. Note: Requirements have been stipulated in BL 7-21 on the nature of the voice communication and data that shall be recorded. 5. Recording equipment 5.1 The equipment to be used for automatic recording of voice communication and data, cf. Part 4, shall be approved by the Civil Aviation Administration - Denmark and shall be organised in such a way that the complete content of information can be reproduced (printed out and/or listened to/presented) with adequate sharpness when played back, cf. however, paragraph As documentation for meeting the technical specifications in this BL, analysis may be used and tests may be made for equipment that is legally manufactured and marketed in other EU or EEC member states. 5.2 The requirement for approval according to paragraph 5.1 does not apply to BL 7-23 / Edition 1 / / 2

3 equipment approved by the competent authority of another EU or EEC member state if such approval is based on the standards and recommendations of ICAO Annex 10 and The recording equipment must be of a stability corresponding to an MTBF of at least 8000 hours. This value may, if necessary, be ensured by an appropriate degree of redundancy, for instance by duplicating the medium. 5.4 The recording equipment shall be organised in such a way that unintentional erasing cannot take place. 5.5 The recording equipment shall be connected to an alternative power supply (back-up power unit) in the same way as the communication and data units that are recorded. 5.6 Indication of time shall be in UTC and shall be recorded automatically The accuracy of the time indication shall be maximum ± 1 second. 5.7 The recording equipment shall be installed and placed so that unauthorised persons have no access to the equipment. 5.8 The recording equipment shall be equipped with acoustic and visual alarms, which begin functioning in the event of irregularities of the equipment, causing lack of recording. Furthermore, the alarm shall begin to function in an appropriate period of time before the recording capacity is spent The alarms shall have been taken to a room that is manned when recording takes place. 5.9 The recording equipment shall be included in the unit's/aerodrome's quality assurance system, cf. BL 3-18, and procedures for operation and maintenance shall be available ensuring that the equipment is regularly inspected for correct operation A list shall be kept of the persons responsible for the recording and recording equipment A log shall be kept stating which thirdparty authorities, persons or enterprises, etc. have had access to the recorded material in pursuance of paragraph 7.1, including indication of time, channel number and what was made The recording equipment shall be organised so that it is possible for a person affected by the recording to hear the latest 30 minutes of his own recorded conversation again. 6. Storage 6.1 Recorded material shall be safely stored for at least 30 days, if appropriate, in a medium independent of the recording equipment (e.g. server, magnetic tape, DAT, DVD or the like) until erasing can take place, cf., however, paragraph In cases where, in pursuance of paragraph 7.1, access to recorded material has been given in connection with preparation of a transcript, the recorded must not be erased without permission from the relevant requesting authority, cf. paragraph It shall be possible to identify unambiguously all communication and data sequences. 6.4 If the recorded material is stored in a removable medium, such medium shall be identifiable, and records shall be kept of media being used and used indicating time of beginning and end. 7. Third party access to recorded material 7.1 The license holder shall only give third parties permission to gain access to recorded material in the cases listed below in a. - l., and only to the authority, person or enterprise etc. relevant in the specific case, and on condition that the information in question is not BL 7-23 / Edition 1 / / 3

4 subject to secrecy stipulated by law or in pursuance of law, cf., however, paragraph 7.2: a. In case of aircraft accidents and incidents, cf. Chapter 11 of the Air Navigation Act, as well as flight safety occurrences, cf. BL b. In case of air traffic incidents, cf. AIP Denmark, AIP Greenland, and AIP Faeroe Islands. c. Where there is reason to believe that flight safety considerations have been disregarded. d. In connection with consideration of cases concerning suspected violations of existing rules and regulations. e. In connection with the inspection obligations of the Civil Aviation Administration - Denmark. f. When external circumstances make it necessary for the individual units with the licence holder to supervise the performance of the services. g. In connection with cases regarding search and rescue service. h. In connection with preparation of instructional material for use by training organisations approved by the Civil Aviation Administration - Denmark. In these cases the instructional material shall be prepared by the Civil Aviation Administration - Denmark or at the request of the Administration. i. If a person is part of the recording so requests. In this case access to the recorded material must only be granted in the form of play-back. j. If requests are made according to the Danish Public Administration Act or the Danish Access to Public Administration Files Act, and this request shall be complied with according to the law. k. In connection with troubleshooting and adjustment of the equipment in question. l. In connection with conditions in which a person other than the license holder may prepare print-outs of the recorded material on behalf of the license holder, cf. paragraph 7.4, with a view to the licence holder giving access to the recorded material in pursuance of the regulations in a.-h, j. or k. Note: According to 14 of the Danish Public Administration Act, the duty to inform is limited by special secrecy regulations laid down by law or under the provisions of law for persons acting in public service or function. In this connection, it should be noted that 19 in the Danish National Telecom Agency's Order no. 234 of 30 March 2000 on installation, activation and use of radio equipment in maritime radio services and aeronautical radio services with an individual licence for frequency use contains a provision stating that radio correspondence shall be kept secret from all unauthorised persons. The regulation is under the provision of Act no. 421 of 6 June 2002 on radio frequencies (previously Act no. 394 of 10 June 1997 on radio communication and allocation of radio frequencies). 7.2 The license holder shall always allow the Civil Aviation Administration - Denmark and the Danish Aircraft Accident Investigation Board access to recorded material when requested by the authority in question. 7.3 Measures shall be taken to prevent unauthorised persons from gaining access to the recorded material, e.g. by using any password in case access can be gained via the Internet, local network or modem. 7.4 If access is given to recorded material in the form of print-outs in pursuance of paragraph 7.1, such print-outs shall be prepared by the license holder himself or, cf. paragraph 7.1.1, by the Air Navigation Service. 7.5 The person preparing a specific printout, must not be part of the recorded material. BL 7-23 / Edition 1 / / 4

5 7.6 All costs involved in giving access to recorded material in pursuance of paragraph 7.1 a. - g and i.-l. shall be defrayed by the license holder, cf., however, paragraph The licence holder may, however, at any time collect payment for transcript and photocopies of documents to be handed out upon request in pursuance of the Danish Public Administration Act, cf. paragraph 7.1 j., in accordance with the Ministry of Justice's order no. 647 of 18 September Forwarding of recorded material Recorded material may be forwarded in one of the following ways: a. Via the Internet, local network or modem provided that access to the material is securely protected by password. b. By registered mail if the recorded material is filed in a removable medium or exists as a print-out. 9. Exemption The Civil Aviation Administration - Denmark may in particularly exceptional cases grant exemption from the regulations in this BL when it is deemed compatible with the considerations on which the regulations in question are based. 10. Punishment 10.1 Violation of the provisions in paragraph 5.1, Part 6, Part 7 and Part 8 is punishable with fine Penalty may be imposed on companies etc. (legal persons) in accordance with the rules in Chapter 5 of the Criminal Code, cf. subsection 14 of 149 of the Air Navigation Act. 11. Implementation 11.1 This BL comes into force on 1 August At the same time BL 3-4, 3 edition of 4 May 1992, and BL 3-33, 1 edition of 31 March 1989 with subsequent amendments are repealed Recording equipment already established and meeting the requirements in BL 3-4 and BL 3-33, must meet the requirements in this BL not later than 1 January Civil Aviation Administration - Denmark, 24 June 2003 Kurt Lykstoft Larsen /Karsten Theil BL 7-23 / Edition 1 / / 5