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In the mid 1990’s work started to introduce a true non-punitive reporting system in the Kingdom of Denmark, including Greenland and the Faroe Island. In 2001 an amendment to the Danish Aviation Act passed through the Danish Parliament introducing a mandatory occurrence reporting scheme and at the same time ensuring, that the person filing a mandatory report, can not be prosecuted nor punished for what he or she reports. On the contrary, they will only be prosecuted if they do not report occurrences that are comprehended by the legislation. The mandatory reporting also includes occurrences caused by intend or even gross negligence. Reports will only be known to very few authority persons who according to the Danish criminal code, will be prosecuted if they reveal any information which enables the identification of the originator of the report. Around 3,000 reports are on a yearly basis stored in a special designed data base.
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The Danish experience to
protect safety information
by regulation
Nils la Cour Dragheim, Danish Transport Authority
Mid 1990’s
Everybody knew what nobody knew
Right of access to documents
1997 case and followed by dramatically fall in occurrence reports
Initiative: legalize to learn
Move to amendment of Act
Parliament resolution 2001
Amendment of Aviation Act
Parlimentarian rationale
ICAO reccomendation
Avoid self incrimination
Occurrences
Unintended
Intended
Gross negligence
Scope
Setting aside the free access to public records
Compulsory reporting (risk of prosecution if not)
Non punitive
Confidential - but not anonymous
Authority role
Gather and analyse information
Clarify and investigate if necessary
Highlight and address trends
Communicate to the industry
In the Authority
Involved personnel - responsibility
Relation to penalty act
Safety Committee
External requests
Yearly report
Thank you