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Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (Text with EEA relevance) article 9 CELEX: 02009L0018-20241226 1. Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council (), a Member State, acting in the framework of its legal system, shall ensure that the following records are not made available for purposes other than the safety investigation, unless that Member State’s competent authority concludes that there is an overriding public interest in the disclosure of those records, including where that competent authority concludes that the benefits of the disclosure outweigh the adverse domestic and international impact that such disclosure could have on that or any future safety investigation: (a) all statements taken from persons by the safety investigation authority in the course of the safety investigation; (b) records revealing the identity of persons who have given evidence in the context of the safety investigation; (c) information collected by the safety investigation authority that is of a particularly sensitive and personal nature, including information concerning the health of individuals; (d) material subsequently produced during the course of the safety investigation such as notes, drafts and opinions written by the investigators, and opinions expressed in the analysis of information; (e) information and evidence provided by investigators from other Member States or third countries in accordance with the international standards and recommended practices, where so requested by their safety investigation authority; (f) draft of interim, concise or final reports; (g) all communications between persons having been involved in the operation of the ship; (h) written or electronic recordings and transcriptions of recordings from vessel traffic service, including their reports and results made for internal purposes. |
Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (Text with EEA relevance) article 9 CELEX: 02009L0018-20241226 2. VDR and S-VDR recordings from a safety investigation shall not be made available or used for purposes other than those of the safety investigation or of ship safety, unless such recordings are anonymised or disclosed under secure procedures. 3. For the purposes referred to in paragraph 1, only data that is strictly necessary shall be disclosed. 4. Member States may decide to limit the cases in which a disclosure as referred to in paragraph 3 may be taken, while respecting Union law. |