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Old 03-14-2008 | 05:47 AM
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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.
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Old 03-14-2008 | 07:44 AM
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Both airlines I have worked at submit an ASRS report on behalf of the pilot when an ASAP report is submitted. ASRS reports are in the public domain. What's the difference?
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Old 03-14-2008 | 07:46 AM
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This is a state judge making this ruling right? If it is, couldn't this easily be overturned because the federal jurisdiction of the program superseeds the state's ruling?
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Old 03-14-2008 | 08:25 AM
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Originally Posted by III Corps
The request for data is to prove negligence on the part of the company, not the individual. The lawyers don't give a rat's *ss about you. They are going after deep pockets and unless you have some extra money (begin with multiples of $10 million), don't worry.
I thought they were after my first year pay and my 5 year old laptop.
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Old 03-14-2008 | 09:55 AM
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Originally Posted by POPA
Both airlines I have worked at submit an ASRS report on behalf of the pilot when an ASAP report is submitted. ASRS reports are in the public domain. What's the difference?
The difference is ASAPs are in-house and usually proprietary. ASRS is not. What's more I would surmise the data sent to ASRS is doubly de-identified so not only the individual but also the carrier is de-identified.

There is no purpose being served here by the litigants having access to this information. And IF ASAPs implode because of this suit, those traveling on future flights will not have the advantage of such reports.

There is the assumed world and then the real world and there is almost always a gap between the two. Concepts such as FOQA and ASAP allow snapshots of people doing everyday work with everyday tools. As such it can and does expose problems and errors. That is very beneficial. Without ASAP, the public will lose a huge safety tool.
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Old 03-14-2008 | 09:58 AM
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Originally Posted by Diver Driver
I thought they were after my first year pay and my 5 year old laptop.
I think you missed the cut just slightly but with that snazzy computer, you may be on the cusp... I am forwarding your airline forum ID to JG and other lawyers who just want to help people get what they deserve.
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