The Commission for the Control of INTERPOL’s Files (CCF) is an independent body that ensures that all personal data processed through INTERPOL’s channels conforms to the rules of the Organisation. This article explores some frequently asked questions about the role and functioning of the CCF, general inquiries on requests, and procedures followed by the CCF, as outlined on the INTERPOL website.
Role and functioning of the CCF
What is the role of the CCF?
The Commission for the Control of INTERPOL’s Files (CCF) has three main roles:
- It monitors the application of INTERPOL’s data protection rules to personal data.
- It advises INTERPOL on operations or projects involving the processing of personal information.
- It handles requests for access and deletion of data, as well as applications for data revision in INTERPOL’s files.
What is the legal basis for the applicable rules on data protection of INTERPOL?
- INTERPOL’s Constitution (Articles 2, 3, 5);
- INTERPOL’s Rules on the Processing of Data (Title 1, Chapter II);
- Other guidelines such as the resolutions of the INTERPOL General Assembly.
What are the main principles in INTERPOL’s rules that are applicable to the CCF?
The main principles set out in INTERPOL’s rules are the following:
- Respect of fundamental human rights – Article 2 of INTERPOL’s Constitution
- Neutrality – Article 3 of INTERPOL’s Constitution
- National sovereignty – Primarily Article 59 of INTERPOL’s Rules on the Processing of Data
- Respect of data protection principles – primarily lawfulness and fairness, purpose, accuracy, access, proportionality, security, supervision and sanction, and non-discrimination.
What are the limits of the CCF’s mandate?
The CCF’s mandate is limited as follows:
- It does not replace judicial authorities in extradition assessments and only checks if INTERPOL’s cooperation requests comply with its rules.
- It does not evaluate or opine on extradition procedures, outcomes, or legal cooperation agreements.
- It does not assist crime victims, advise on contacting national authorities, help with visa applications, issue good conduct certificates, or handle administrative matters.
Additionally, the CCF will not process requests that:
- Are essentially the same as previously examined ones without new facts,
- Do not fall within its powers,
- Are clearly unreasonable.
Who can be a member of the CCF?
The CCF consists of seven members appointed for a five-year term, renewable once for an additional three years. Members are chosen for their expertise to ensure the CCF’s independent functioning. Typically, they are lawyers with experience and expertise in:
- Data protection
- International police matters, particularly international police cooperation
- International criminal law
- Human rights
- Senior judicial or prosecutorial roles, preferably in international judicial cooperation
How does the CCF ensure its independence and impartiality of its members?
In March 2017, the Commission adopted new operating rules to ensure the independence and impartiality of the CCF and its members. Key points include:
- Rules 1 and 2 address conflicts of interest and member withdrawal. For instance, a member from the country challenging the data must withdraw from the case and cannot access related documents or discussions.
- Members must sign a declaration to act honorably, independently, and impartially.
- Updated in February 2019, Rule 1 now emphasizes avoiding conflicts of interest and prohibits members from participating in INTERPOL meetings as country delegates.
General inquiries on requests
How much does it cost to request access to or challenge information in INTERPOL’s files?
The Commission does not collect any fee as part of its activities concerning the processing of requests to access or challenge information in INTERPOL’s files.
How confidential is my request?
Anyone can request access to INTERPOL’s files without their request being used for international police or judicial cooperation. The CCF’s files are confidential and not recorded in the INTERPOL Information System.
The CCF may need to share some information with the INTERPOL General Secretariat or National Central Bureaus to process requests. However, information marked as confidential by the applicant will not be shared, which may hinder the CCF’s ability to process the request fully.
The CCF can also share information if there is strong suspicion of abuse involving serious criminality to protect the integrity of the process.
Will my request be recorded in INTERPOL’s files?
No. However, the existence of a request currently under study by the Commission may be indicated to that person’s files (where a person is subject to data in INTERPOL), but without any communication of its content.
Can I meet with the CCF?
The CCF does not generally meet applicants or their duly appointed agents or legal representatives other than in exceptional circumstances if, after examining the case, it considers this necessary.
Procedures followed by the CCF
When is a request to access or challenge information in INTERPOL’s files admissible?
A request for access, correction, or deletion of INTERPOL’s files is admissible if:
- It is written in Arabic, English, French, or Spanish.
- It is made by the concerned person or their authorized representative.
- It includes a signed letter or CCF application form explaining the request’s purpose.
The CCF can verify the signature and identity of the applicant at any time. If the applicant is represented, a signed power of attorney is required. For legal representatives, a written declaration is necessary. The request must include a copy of the applicant’s identity document. Requests for correction or deletion must also include a summary of arguments and related documents.
How is my request analysed once it is considered admissible?
Each request is thoroughly reviewed by the CCF Secretariat for admissibility. A detailed assessment follows according to the Organisation’s rules, often requiring additional information from various sources. A case summary is then presented to the Commission in a session for discussion and decision.
Who may the CCF consult regarding requests?
To verify compliance with INTERPOL’s rules, the CCF may seek additional information from the source (typically an INTERPOL National Central Bureau), the applicant, and the INTERPOL General Secretariat. It can also perform open source searches independently and consult other relevant entities or experts.
How is Article 3 of INTERPOL’s Constitution evaluated?
Article 3 of INTERPOL’s Constitution prohibits the Organization from engaging in political, military, religious, or racial activities. Requests citing Article 3 are assessed individually, considering factors such as the predominance of political, military, religious, or racial elements over ordinary law aspects. The evaluation also includes INTERPOL General Assembly Resolutions on cases involving terrorism, terrorist organization membership, and serious international crimes like genocide, crimes against humanity, and war crimes.
What information is examined to conduct a predominance test?
All relevant information is examined, including the following non-exhaustive list:
- The nature of the offence, namely the charges and the underlying facts
- The status of the persons concerned
- The identity of the source of the information
- The position expressed by a Member or authorized international entities other than the source of the information
- The obligations under international law
- The implications on the neutrality of the Organization
- The general context of the case.
What kind of communication should I expect from the CCF after I submit my request?
The general CCF communication procedure with individuals filing requests includes:
- Acknowledging receipt of the request
- Providing information on the request’s admissibility and applicable procedures
- Communicating the results of the request processing
Additional communications, depending on the request, may include:
- Requests for further information
- Interim replies on request status or procedural changes
- Notices that the case will be reviewed at the next Commission session
How long does it take before the CCF gives its decision?
According to its Statute, the CCF must decide on access requests within four months of admissibility, and correction or deletion requests within nine months. The INTERPOL General Secretariat has one month to comment on the CCF’s conclusions regarding correction or deletion. Once the decision is final, the CCF notifies the applicant within one month. Applicants should wait at least three months after the session reviewing their request before inquiring about the outcome.
Does the CCF publish its decisions or communicate with the media?
The CCF produces an annual report published on INTERPOL’s website and can make public statements. It does not publish decisions containing personal information or systematically publish all decisions. However, it can publish excerpts of anonymised decisions that highlight issues useful for the public to understand the Commission’s working methods and its assessment of INTERPOL’s rules.
Is it possible to appeal a CCF decision?
Applicants can request a revision of a CCF decision only if a newly discovered fact likely would have changed the original decision. Such applications must be submitted within six months of discovering this fact and include a brief statement outlining the new facts or developments that could have influenced the Commission’s original decision.
What about pre-emptive requests?
An individual may submit information to the Commission, which the Commission will forward to the INTERPOL General Secretariat for its information and appropriate action if a request for police cooperation is received at a later stage concerning the individual.
