193.1 What does this Part cover?
This Part describes when and how the ECAA protects from disclosure safety and
security information that you submit voluntarily to the ECAA. This Part carries out
protection of voluntarily submitted information.
(a)
Agency means each authority of
subject to review by another agency, but does not include:
(1)
The Parliament;
(2)
The courts of
(3)
Court martial and military commissions.
De-identified means that the
identity of the source of the information, and the names
of persons have been
removed from the information.
Disclose means to release
information to a person other than another agency.
Examples are disclosures under
the freedom of information in rulemaking
proceedings, in a press release, or to a party to a
legal action.
Information includes data,
reports, source, and other information. “Information” may
be used to describe the whole or a portion of
a submission of information.
Summarized means that
individual incidents are not specifically described, but are
presented in statistical or other general form.
Voluntary means that the information was not required to be submitted as part of a
mandatory program, and was not submitted as a condition of doing business with the
government. “Voluntarily-provided information” does not include information
submitted as part of complying with statutory, regulatory, or contractual
requirements, except that information submitted as part of complying with a
voluntary program under this Part is considered to be voluntarily provided.
193.5 How may I submit safety or
security information and have it protected from disclosure?
(a) You may do so under a program
under this Part. The program may be developed based on your proposal, a
proposal from another person, or a proposal developed by the ECAA.
(b) You may be any person,
including an individual, a company, or an organization.
(c) You may propose to develop a
program under this Part using either the notice procedure in 193.11 or the
no-notice procedure in 193.13.
(d) If the ECAA decides to protect
the information that you propose to submit it issues an order designating the
information as protected under this Part.
(e) The ECAA only issues an order
designating information as protected if the ECAA makes the findings in 193.7.
(f) The designation may be for a
program in which all similar persons may participate, or for a program in which
only you submit information.
(g) Even if you receive protection
from disclosure under this Part, this Part does not establish the extent to
which the ECAA may or may not use the information to take enforcement action.
Limits on enforcement action applicable to a program under this Part will be in
the ECAA policy and procedures manual.
193.7 What does it mean for the ECAA to
designate information as protected?
(a) General. When the ECAA issues
an order designating information as protected under this Part, the ECAA does
not disclose the information except as provided in this Part.
(b) What findings does the ECAA
make before designating information as protected? The ECAA designates
information as protected under this Part when the ECAA finds that:
(1)
The information is provided voluntarily;
(2)
The information is safety or security related;
(3) The disclosure of the information would inhibit the voluntary provision of that type of information;
(4) The receipt of that type of information aids in fulfilling the ECAA's safety and security responsibilities; and
(5) Withholding such information from disclosure, under the circumstances provided in this Part, will be consistent with the ECAA's safety and security responsibilities.
(c) How will the ECAA handle
requests for information under the freedom of information? The ECAA does not
disclose information that is designated as protected under this Part in
response to a freedom of information request.
(d) What if the ECAA obtains
from another source the same information I submit? Only information received
under a program under this Part is protected from disclosure under this Part.
Information obtained by the ECAA through another means is not protected under
this Part.
(e)
Sharing information with other agencies. The ECAA may provide information that
you have submitted under this Part to other agencies with safety or security
responsibilities. The agencies are subject to the requirements of this Part
regarding nondisclosure of information. The ECAA will give the information to
another agency only if, for each such request, the other agency provides the
ECAA with adequate assurance, in writing, that:
(1) The agency has a safety or security need for the information, including the general nature of the need.
(2) The agency will protect the information from disclosure as required by this Part, and the designation. This includes a commitment that the agency will mark the information as provided in the designation.
(3) The agency will limit access to those with a need to know to carry out safety or security responsibilities.
(f) What if the ECAA receives a subpoena for the information I submit?
When the ECAA receives a subpoena for information you have submitted under this
Part, the ECAA contacts you to determine whether you object to disclosure of
the information or you wish to participate in responding to the subpoena. If
both you and the ECAA determine that release of the information is appropriate,
the information is released. Otherwise, the ECAA will not release information
designated as protected under this Part unless ordered to do so by a court of
competent jurisdiction.
193.9 Will the ECAA ever disclose
information that is designated as protected under this Part?
The ECAA discloses information that is designated as protected under this Part when withholding it would not be consistent with the ECAA's safety and security responsibilities, as follows:
(a)
Disclosure in all programs.
(1)
The ECAA may disclose de-identified, summarized information submitted
under this Part to explain the need for changes in policies and regulations. An
example is the ECAA publishing a notice of proposed rulemaking based on your
information, and including a de-identified, summarized version of your
information (and the information from other persons, if applicable) to explain
the need for the notice of proposed rulemaking.
(2) The ECAA may disclose information provided under this Part to correct a condition that compromises safety or security, if that condition continues uncorrected.
(3)
The ECAA may disclose information provided under this Part to carry out
a criminal investigation or prosecution.
(4)
The ECAA may disclose information provided under this Part regarding
information about threats to civil aviation.
(b) Additional disclosures. For each program, the ECAA may find that there are additional circumstances under which withholding information provided under this Part would not be consistent with the ECAA's safety and security responsibilities. Those circumstances are described in the designation for that program.
193.11 What is the notice procedure?
This section states the notice procedure for the ECAA to designate information as protected under this Part. This procedure is used when there is not an immediate safety or security need for the information. This procedure generally is used to specify a type of information that you and others like you will provide on an on-going basis.
(a) Application. You may apply to
have information designated as protected under this Part by submitting an
application addressed to the ECAA. Your application must include the
designation described in paragraph (c) of this section that you want the ECAA
to issue. You should not include in your application any information that you
do not want available to the public. The ECAA may issue a proposed designation
based on the application or may deny your application.
(b) Proposed designation. Before issuing a designation under this section, based either on your application or the ECAA's own initiative, the ECAA publishes a proposed designation and requests comment.
(c) Designation. The ECAA designates information as protected under this Part if, after review of the comments, the ECAA makes the findings in 193.7. The ECAA publishes an order designating the information provided under the program as protected under this Part. The designation includes the following:
(1) A summary of why the ECAA
finds that you and others, if applicable, will provide the information
voluntarily.
(2) A description of the type of
information that you and others, if applicable, may voluntarily provide under
the program and a summary of why the ECAA finds that the information is safety
or security related.
(3) A summary of why the ECAA
finds that the disclosure of the information would inhibit you and others, if
applicable, from voluntarily providing of that type of information.
(4) A summary of why the receipt
of that type of information aids in fulfilling the ECAA's
safety and security responsibilities.
(5) A summary of why withholding
such information from disclosure would be consistent with the ECAA's safety and security responsibilities, including a
statement as to the circumstances under which, and a summary of why,
withholding such information from disclosure would not be consistent with the ECAA's safety and security responsibilities, as described
in 193.9.
(6) A summary of how the ECAA will distinguish information protected under this Part from information the ECAA receives from other sources.
(7) A summary of the significant
comments received and the ECAA's responses.
(d)
Amendment of designation. The ECAA may amend a designation using the
procedures in paragraphs (a), (b), and (c) of this section.
(e)
Withdrawal of designation. The ECAA may withdraw a designation under
this section at any time the ECAA finds that continuation of the designation
does not meet the elements of 193.7, or if the requirements of the designation
are not met. The ECAA withdraws the designation by publishing a notice. The
withdrawal is effective on the date of publication or such later date as the
notice may state. Information provided during the time the program was
designated remains protected under this Part and the program. Information
provided after the withdrawal of the designation is effective is not protected
under this Part or the program.
193.13 What is the no-notice procedure?
This section states the no-notice procedure for the ECAA to designate information as
protected under this Part. This procedure is used when there is an immediate safety
or security need for the information. This procedure generally is used for specific information that you will provide on a short-term basis.
(a) Application. You may request that the ECAA designate information you are offering as protected under this Part. You must state your name, at least the general nature of information, and whether you will provide the information without the protection of this Part. Your request may be verbal or writing.
(b) Designation. The ECAA issues a written order designating information provided under this
section as protected under this Part. The ECAA designates the information as
protected under this Part if the ECAA:
(1)
Makes the findings as 193.7; and
(2)
Finds that there is an immediate safety or security need to obtain the
information without carrying out the procedures in 193.11 of this Part.
(c)
Time limit. Except as provided in paragraphs (c)(1)
and (c)(2) of this section, no designation under this section continues in
effect for more than 60 days after the date of designation. Information
provided during the time the designation was in effect remains protected under
this Part. Information provided that the designation ceases to be in effect is
not protected under this Part. The designation remains in effect for more than
60 days if:
(1)
The procedures to designate such information under 193.11(a) have been
initiated, or
(2)
There is an ongoing enforcement or criminal investigation, in which case
the designation may continue until the investigation is completed.
(d)
Amendment of designation. The ECAA may amend a designation under this
section using the procedures in paragraphs (a) and (b) of this section.
(e)
Withdrawal of designation. The ECAA may withdraw a designation under
this section at any time the ECAA finds that continuation does not meet the
elements of 193.7, or if the requirements of the designation are not met. The
ECAA withdraws the designation by notifying the person in writing that the designation
is withdrawn. The withdrawal is effective on the date of receipt of the notice
or such later date as the notice may state. Information provided during the
time the designation was in effect remains protected under this Part.
Information provided after the withdrawal is effective is not protected under
this Part.
193.15 What ECAA officials’ authority
under this Part?
(a)
The authority to issue proposed and final designations, to issue
proposed and final amendments of designations, and to withdraw designations
under this Part, and to disclose information that has been designated as
protected under this Part to any individual formally designated as Acting
Associate or Assistant to the ECAA.
(b)
The officials identified in paragraph (a) of this section may further
delegate the authority to issue proposed designations and proposed amendments
to designations.
193.17 How
must design and production approval holders handle information they receive
from the ECAA under this Part?
(a) If the ECAA discloses information under 193.9(a)(2) to the holders of design approvals of production approvals issued by the ECAA, the approval holder must disclose that information only to persons who need to know the information to address the safety or security condition.
(b)
Unless an emergency exists, before disclosing information to approval
holders the ECAA will contact the submitter of the information.