Dear Sir,
I am writing to you in connection with the above mentioned video wh=
ich you
have posted at the link below.
http://www.wikileaks.org/wiki/British_A=
irways_flight_038_traffic_control_video%2C_17_Jan_2008
In parallel with this email to you I will also be making a sworn
representation as to the absolute copyright that NATS Limited has in the
content of this video and will be requiring its removal under that right.&n=
bsp;
However, I am writing to you separately to give you some background around =
this
requirement so that it does not come across as merely the suppression of pu=
bic
information that you appear to portray on your website.
The content of this recording contains material that is part of an
ongoing air accident investigation. It is NATS’ policy to share
this type of content only in environments where confidentiality can be
preserved and where the furtherance of safety is the paramount concern.&nbs=
p;
Without the guarantee of confidentiality, air traffic controllers, pilots a=
nd
other key aviation workers are extremely reluctant to give full disclosure =
of
circumstances surrounding air accidents and without full disclosure it is m=
uch
harder for lessons to be learned that can assist in improving future air
safety.
Mr Burkill was part of that confidential reporting culture but chos=
e to
take this recording and use it, without consent, to publicise his forthcomi=
ng
book. That was the reason why NATS required him to remove it from his
website.
Pubic disclosure of this recording may be made by NATS in due cours=
e
but only at the appropriate time and with the consent of all relevant perso=
ns.
Premature public disclosure damages NATS’ stand for a “just cul=
ture”
among our employees but adds little to the public good apart from satisfyin=
g
the public’s general curiosity. The longer the recording stays =
on
your site the more damage is done to the trust we have earned from our
employees and our partners in the aviation safety industry. I am
therefore asking you to please remove it in the interests of speed before t=
he legal
process you have established has to run its course.
If you want to respond to this request or discuss it further then I
would be happy to hear from you.
Yours sincerely
Richard Churchill-Coleman
General Counsel
NATS Limited
+44 (0)7977 454421
Dear Sirs,
Further to the information supplied on the Wikileaks website, pleas=
e
supply me with your agent for service details. However, separately I =
have
written to your editor requesting that this process is abridged in the best
interests of air safety and on the basis that this recording does not, I
believe, fall into the category of material that Wikileaks prides itself on
making public. Therefore, as an alternative to receiving your agent f=
or
service details, I would be grateful to receive your confirmation that the
recording has been removed.
Yours faithfully
Richard Churchill-Coleman
General Counsel & Company Secretary
NATS Limited
=
Resent due to incorrect email addres=
s
below.
=
From:=
CHURCHILL-COLEMAN, Richard
Sent: 08 December 2009 16:54=
To: 'wl-legal@sunshinepres.o=
rg'
Cc: 'wl-editor@sunshinepress=
.org'
Subject: British Airways Fli=
ght
BA038 Traffic Control Video
Dear Sirs,
Further to the information supplied on the Wikileaks website, pleas=
e
supply me with your agent for service details. However, separately I =
have
written to your editor requesting that this process is abridged in the best
interests of air safety and on the basis that this recording does not, I
believe, fall into the category of material that Wikileaks prides itself on
making public. Therefore, as an alternative to receiving your agent f=
or
service details, I would be grateful to receive your confirmation that the
recording has been removed.
Yours faithfully
Richard Churchill-Coleman
General Counsel & Company Secretary
NATS Limited