23.1 States should ensure that investigator(s)
carrying out a marine safety investigation only disclose information
from a marine safety record where:
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.1 it is necessary or desirable to do so for transport
safety purposes and any impact on the future availability of safety
information to a marine safety investigation is taken into account;
or
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.2 as otherwise permitted in accordance with this
Codefootnote.
23.2 States involved in marine safety investigation
under this Code should ensure that any marine safety record in its
possession is not disclosed in criminal, civil, disciplinary or administrative
proceedings unless:
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.1 the appropriate authority for the administration
of justice in the State determines that any adverse domestic or international
impact that the disclosure of the information might have on any current
or future marine safety investigations is outweighed by the public
interest in the administration of justice; andfootnote
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.2 where appropriate in the circumstances, the
State which provided the marine safety record to the marine safety
investigation authorizes its disclosure.
23.3 Marine safety records should be included
in the final report, or its appendices, only when pertinent to the
analysis of the marine casualty or marine incident. Parts of the record
not pertinent, and not included in the final report, should not be
disclosed.
23.4 States need only supply information from
a marine safety record to a substantially interested State where doing
so will not undermine the integrity and credibility of any marine
safety investigation being conducted by the State or States providing
the information.
23.4.1 The State supplying the information from
a marine safety record may require that the State receiving the information
undertake to keep it confidential.