Originally Posted by
Nevets
I don't think the biggest problem is whether they are de-identified. The problem is that if this court is ultimately successful, it may lead to airlines withdrawing from their ASAP program for fear of liability.
Not
may but more likely
will withdraw from ASAPs. ASAP is voluntary and although the circular 120-66B says the program is designed to be non-punitive, the lawyers are going to use the data for punitive awards suggesting the company knew of problems and was negligent. Not logical but works on an emotional level and that is what you want to take to a jury.