myurr wrote: β04 Mar 2024, 17:39
12.2.1g will be limited by Red Bull's compliance with the law, but for example where data protection law applies the FIA can ask for anonymised / redacted copies to protect those individuals, and for an anonymised copy of the "independent" report that Red Bull GmbH used to inform their ruling on the grievance.
Redacting evidence that only concerns two people can hardly qualify as redacting. It would be obvious who the evidence concerned.
Also, I'm not talking about data protection laws. I'm talking about simple privacy laws. In most western countries, there's laws that protects written correspondence (and spoken conversations) from being illicitly obtained, spied on or recorded by third parties. It's usually illegal to share correspondance between people, unless you are a participant of the conversation. Red Bull was handed evidence by the complainant, and as such they - and the lawyer they appointed - are privy to that evidence. They cannot share it outside of that, unless given permission.
myurr wrote: β04 Mar 2024, 17:39
My apologies on 1.2.1o - I did misread it. I was trying to find the rule they used to exclude Pat Simmonds and Flavio Briatore from F1 and found the wrong rule. I believe it's actually 1.3.2 that may be used. I've spent enough time scanning that document, legal speak tends to make me go cross eyed after a while. So rather than state it's definitively 1.3.2 I'll just point to the prior action of excluding Simmonds and Briatore.
Briatore challenged the exclusion in court and won.
A court ruled that the exclusion was illicit. The same goes for Pat Simmonds. They were even entitled to compensation.
myurr wrote: β04 Mar 2024, 17:39
Red Bull are entitled to keep him, and the FIA are entitled to exclude them from the competition if they so choose. I believe Horner is also directly licensed by the FIA as a team principal and the FIA can revoke that license.
myurr wrote: β04 Mar 2024, 17:39
Damage to the reputation of the sport is only one angle, one which I think applies but let's agree to disagree on that one. There is also the general rule of misconduct, which breaching employment law and Red Bull policy would constitute.
And just like Briatore did, Horner can challenge that in court, and is likely to win.
The FIA does not have as much power and influence as you believe they do in this matter. This is a jurisdiction matter. The FIA isn't - and shouldn't - be interfering in employee affairs at company. They're charged with running the motorsports. That's their job.
Someone blew a private matter open (or posted faked evidence, but let's assume not). That's a big PR problem for Red Bull. But it's not a legal problem.