S.L. 499.22 Art. 22Non-disclosure of records.

(1) Subject to sub-regulations (3), (5) and (6), information collected in the course of an investigation shall not be disclosed or made available to any other person other than in connection with an investigation carried out under these regulations.

(2) Information referred to in sub-regulation (1) shall include the following:

(a) all statements taken from persons in the course of the investigation;

(b) records revealing the identity of persons who have given evidence in the context of the investigation;

(c) information collected during the investigation which is of a particular sensitive and personal nature, including information concerning the health of individuals;

(d) material subsequently produced during the course of the investigation such as notes, drafts, opinions written by the investigators, opinions expressed in the analysis of information, including flight recorder information;

(e) information and evidence provided by investigators from other States in accordance with the international standards and recommended practices, where so requested by their investigation authority;

(f) draft preliminary and final reports or interim statements;

(g) cockpit voice and image recordings and their transcripts, as well as voice recordings inside air traffic control units;

(h) all communications between persons having been involved in the operation of the aircraft;

(i) written or electronic recordings, and transcriptions of recordings from air traffic control units, including reports and results made for internal purposes;

(j) covering letters for the transmission of safety recommendations from any investigating authority to the addressee, where so requested by the investigating authority issuing the recommendation; and

(k) occurrence reports filed under Regulation (EU) No. 376/2014 on occurrence reporting in civil aviation, as amended: Provided that the records under paragraphs (h), (i), (j) and

(k) may be used for purposes aimed at the improvement of aviation safety.

(3) Nothing in sub-regulation (1) shall preclude the Minister, in consultation with the Chief Investigator, from making any record available to any person where in a case where that person is a party to or otherwise entitled to appear at judicial proceedings, the court has ordered that the record shall be made available to him for the purpose of those proceedings.

(4) Subject to sub-regulation (6), no order shall be made under sub-regulation (3) unless the Court is satisfied that the interests of justice in the judicial proceedings in question outweigh any adverse domestic and international impact which disclosure might have on the investigation into the accident or incident to which the record relates or any future accident or incident investigating undertaken in Malta.

(5) A record or part thereof shall not be treated as having been made available contrary to sub-regulation (1) in any case where the record or part is included in the final report of the accident or incident, or to the appendices to the final report.

(6) The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any record or part thereof on the ground that the disclosure of it would be injurious to the public interest, unless such record or part thereof is deemed necessary by the Chief Investigator for inclusion in the final report under regulation 20.