Pilots' right to privacy needs waiving

A picture made available March 27 2015 shows Andreas Lubitz, co-pilot of Germanwings flight 4U9525, running the Airportrace half marathon in Hamburg, Germany, Sept 13, 2009. [Photo/IC]

I carry some emotional wounds that were ripped open anew by the Germanwings tragedy. My cousin and his wife were killed on EgyptAir flight 990 on Oct 31, 1999, which is believed to have been another "aircraft assisted suicide"; as investigators concluded the "probable cause" of the crash was deliberate action by the relief first officer.

What can be done to prevent such tragedies happening again? Precious little, but not nothing.

As you read this, salivating tort lawyers are no doubt preparing lawsuits seeking millions of dollars in damages for which they will have to prove Germanwings' negligence; that the airline knew or should have known Andreas Lubitz was a ticking psychological time bomb. Their job will be easier because the airline knew as early as 2009 that Lubitz suffered from depression and suicidal tendencies. Unfortunately mental illness is an inexact science and all airlines rely on periodic physical exams that touch lightly on psychological issues and rely on pilot self-reporting, a classic case of conflict-of-interests as admitting mental health issues will likely cost pilots their jobs.

Much has been made of the strict European Union privacy laws on medical issues, which are based on the premise that if patients aren't free to discuss absolutely everything with their doctor, they'd withhold information that was detrimental to themselves or society at large.

In fact, in the EU, as in the United States, there are exceptions to doctor-patient privacy. Policymakers always have to balance individual rights versus societal good. In Germany confidentiality may be breached when a patient has symptoms of an epidemic or when there is a belief that the patient may commit a serious crime. However, there are potentially severe legal consequences in the latter case, so it rarely happens. As we now know, Lubitz, had doctor's notes excusing him from work, but he shredded them.

In the delicate balance between the privacy rights of individuals and society's need to know, there should be a continuum of rights depending on a person's responsibility for others. Airline pilots and cruise ship captains are responsible for their passengers.