65 J. Air L. & Com. 263 (1999-2000)
Can Justice Use Technical and Personal Information Obtained through Aircraft Accident Investigations

handle is hein.journals/jalc65 and id is 275 raw text is: CAN JUSTICE USE TECHNICAL AND PERSONAL
INFORMATION OBTAINED THROUGH AIRCRAFT
ACCIDENT INVESTIGATIONS?
COL. Luis E. ORTIz*
DR. GRISELDA CAPALDO**
This article examines the legal background of aircraft accident investiga-
tion in Argentina and other Latin American countries.
In Argentina, there is no specific legislation to prevent Justice from unjus-
tified or improper use of the technical and personal information discov-
ered during an accident investigation. These unjustified and improper
uses adversely affect flight safety.
Amending Argentine legislation is one solution to the problem of compro-
mised flight safety. This article discusses the relevant proposed amend-
ment as well as the preliminary version of the Combined Forces Manual
to Investigate the Accidents of Air Forces' Aircraft that are part of
SICOFAA (Cooperation System of American Air Forces) which defines
privileged information.
* M.S., Aeronautical Engineering, Georgia Institute of Technology. Mr. Ortiz
is a military pilot and aeronautical engineer and is currently a Colonel in the
Argentine Air Force. He has over thirty years of experience preventing and inves-
tigating aviation accidents and is currently the President of ISASI's Latin Ameri-
can Chapter. He is a test pilot at the Fabrica Militar de Aviones and is Professor
of Flight Safety and Accident Investigation at the National Institute of Civil Avia-
tion, Argentina. Mr. Ortiz is also Professor of Aircraft Estructures Design at the
National Technological University.
** B.A., Summa Cum Laude, Colegio Nacional de General Lavalle - Provincia
de Buenos Aires, Argentina; Lawyer, Cum Laude, Buenos Aires University; Masters
in Aeronautical and Space Law, National Institute of Aeronautical and Space
Law; Doctor of Law, Summa Cum Laude, Buenos Aires University. Ms. Capaldo's
thesis, Manufacturing of Aircraft: Legal Rules, Responsibility and Liability, was given
the distinguished Faculty Award. Ms. Capaldo currently works as a researcher for
C.O.N.I.C.E.T and is the academic consultant of the ICAO. She is also the legal
advisor to the United Nations Development Programme (UNDP). She has
earned various awards for her work in international, environmental and aeronau-
tical law and has published 18 articles on these topics. Her current book, Aero-
nautical Responsibility: Limitation, Exoneration is currently in the publication
process.

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