The Commission for the Control of Interpol’s files (CCF) publishes decision excerpts online, providing useful insight into the matters that the CCF considers when being asked to delete data from INTERPOL’s files, such as INTERPOL Red Notices.
This article explores a 2024 case which deals with family matter, seriousness, accuracy and quality
The facts
The Applicant, a national of [Country 1], is the subject of a Red Notice issued on [date] at the request of the NCB of [Country 1] for “dilapidating” on the basis of a court decision handed down on [date] by the Court of First Instance in [Country 1], sentencing him to six months of imprisonment.
The facts of the case state the following: “On [date], [the Applicant] of [Country 1] dilapidated money with which he was entrusted. In fact, [the Applicant] managed to misappropriate money and properties from the two plaintiffs in order to cause them damage. [xxx].”
The applicant’s submissions
The Applicant requested the deletion of the data concerning him, contending, in essence that:
- the criteria for the publication of the Red Notice are not met;
- there are serious inaccuracies in the Red Notice; and
- the proceedings do not respect the principles of fair trial.
The Commission’s findings
Criteria for the publication of a Red Notice and data accuracy
The Commission determined that part of the submission of the Applicant adequately points to the qualified seriousness of the underlying act and an absence of precision in the facts of the case, which raises some doubts on the adherence of the Red Notice to Articles 12 and 83 of the RPD. It nonetheless decided not to make a final pronouncement on the compliance of the challenged data at this stage, and to continue to study the Applicant’s additional arguments.
Respect for fair trial principles
The Commission found that the absence of a reply from the NCB on questions relating to the applicant’s defence rights, coupled with doubts on the seriousness of the offence, cumulatively raise concern over the compliance of the data with Articles 2 of INTERPOL’s Constitution, and 12 and 83 of the RPD.
The result
The Commission decided that the data concerning the Applicant are not compliant with INTERPOL’s rules applicable to the processing of personal data, and that they shall be deleted from INTERPOL’s files.
