5. PROHIBITION AGAINST THE USE OF REPORTS FOR ENFORCEMENT PURPOSES
Background. Designed and operated by NASA, the NASA ASRS security system ensures the confidentiality and anonymity of the reporter, and other parties as appropriate, involved in a reported occurrence or incident. The FAA will not seek, and NASA will not release or make available to the FAA, any report filed with NASA under the ASRS or any other information that might reveal the identity of any party involved in an occurrence or incident reported under the ASRS. There has been no breach of confidentiality in more than 34 years of the ASRS under NASA management.
Regulatory Restrictions. Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.25 prohibits the use of any reports submitted to NASA under the ASRS (or information derived therefrom) in any disciplinary action, except information concerning criminal offenses or accidents that are covered under paragraphs 7a(1) and 7a(2).
Non-ASRS Report. When violation of the 14 CFR comes to the attention of the FAA from a source other than a report filed with NASA under the ASRS, the Administrator of the FAA will take appropriate action. See paragraph 9.