Once again, most of the answers are based upon USA FAA requirements and that problem was taken care of many years ago by American pilots. In the land of the other other 95% of the planets population this subject was a different problem.
When the FDR (Flight Data Recorders) and later DFDRs (Digital) came out as well as the CVRs (Cockpit Voice Recorders) the pilots threatened to shut them down because of this problem. It was very serious and as a result the FAA stated the data could only be retrieved (used) in case of an accident. Later that was expanded to add incidents. Now if a catering truck hits the plane the company or Feds can pull the “Black Boxes” that are actually orange if they are powered.
HOWEVER, that is not the case in much of the rest of the world. Many companies and agencies do pull and listened to the boxes on a regular basis. The boxes are not easily accessed (mostly in the tail) but when the companies take their planes to the hanger for any heavy maintenance the data is retrieved and listened too.
Many pilots think the data can only record for a limited period (usually 30 minutes) and while that is true (and the tapes are overwritten) technology has developed whereby several “layers” of data can be easily recovered. Any modern airline can retrieve the last several flights even if the pilots pushed the erase button (ask Hoot Gibson and his "now let them figure it out" statement from an un-powered CVR.)
This procedure is usually done on older aircraft because the newer ones have a “SNICH” box built into the plane by the manufacturer. This technology is vast and records much more information than the best black-boxes and while MOST (the next generation will) systems today do not record voice data there is enough information available to just about tell you everything the pilot did.
Today this is called FDM (Flight Data Monitoring) and consists of such nice tools like Airbus’ AirFACE or Boeing’s FOQA FDM systems. But it has gone further to the point where airlines are required to have a post holder position that oversees the monitoring of these trends.
Yes, it is true that in the USA many airlines (mainly the majors) strip the identifying characteristics from the data but it is easy to put two and two together. In the rest of the world there is not even this veil attempt.to protect the pilots. In the Middle East, Asia, some European LCCs and USA LCCs monitor the data regularly (hourly in some Middle East Airlines) and punish the pilots accordingly.
These punishments range from multi-thousand dollar/euro fines to outright termination. I personal know a pilot fired from Emirates Airlines for being stable at 950 feet instead of 1000 feet. In some cases it is so bad that waste is rampant. Fear of responses puts large margins of “safety” on pilots which produces huge amounts of waste and the perceived safety is actually danger. In many cases it is tantamount to a driver say it is “safer to drive 30 miles per hour instead of 60.” Sounding true the driver drives 30 and causes a 50 car pileup on the freeway because everyone else was doing 60 and he was a hindrance to the safe flow of traffic. The same is true in the air!
But if you would like you can read Ryan Air’s statement on safety and – well read between the lines. Take note of the two phrases I highlighted. “Monitor…and inform management…”and “management is able to…take steps to rectify.”
“Monitor…and inform management….” Most airlines outsource this data to third party operators who use the parameters set by management as the windows. These companies are paid by management, if management wants to know what flight number, where to and on what date; these companies do one of two things. Give it to the company or lose the contract with the company for failing to do so.
“Management is able to…take steps to rectify.” YOU’RE FIRED!
“Ryanair has installed an Operational Flight Data Monitoring (OFDM) system on each of its Boeing 737-800 aircraft, which automatically provides a confidential report on the procedures followed by pilots. The purpose of this system is to monitor operational trends and inform management of any instance of an operational limit being exceeded. By analyzing these reports, management is able to identify potential areas of risk and take steps to rectify any deviations from normal operating procedures,”