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 its files.
This article explores two such cases that were decided in 2023, involving Diffusions circulated by a country’s National Central Bureau (NCB). A Diffusion is issued for the same purposes as a Notice but sent directly by a member country or an international entity to the countries of their choice. Diffusions are also recorded in INTERPOL’s police databases.
Case 1
The facts
The Applicant, a national of CCC and the EEE, is the subject of a Diffusion circulated by the National Central Bureau of CCC for “extremely large scale fraud and […] embezzlement or misappropriation” on the basis of an arrest warrant issued by the CCC.
The Applicant’s request
The Applicant requested the deletion of the data concerning him, contending, in essence, that:
a) DDD denied his extradition;
b) the data lack a clear description of criminal involvement;
c) the case is of a predominantly political character; and
d) there are some irregularities in the proceedings.
The Commission’s findings
For an appropriate study of the case, the Commission decided to study together the question of lack of description of criminal involvement and the extradition denial since they are interdependent and rely on the same factual allegations.
The Commission found that the information provided by the NCB of CCC, and confirmed by the NCB of DDD, highlights that CCC authorities took steps to request the Applicant’s extradition from DDD. Therefore, there was no reason to doubt that the Diffusion still had a valid purpose.
However, the Commission found that the elements provided by the NCB of CCC were not sufficient to demonstrate a clear characterisation of the facts and possible criminal involvement of the Applicant.
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.
Case 2
The facts
The Applicant, a national of CCC and DDD, is the subject of a Diffusion, circulated by the NCB of CCC for “extremely large scale fraud” on the basis of an arrest warrant issued by the CCC.
The Applicant’s request
The Applicant requested the deletion of the data concerning him, contending, in essence, that:
a) the data lack a clear description of criminal involvement;
b) the Diffusion has no purpose; and
c) there are procedural irregularities in the case.
The Commission’s findings
The Commission had doubts about the existence of procedural irregularities in particular regarding the search of the Applicant’s office.
The Commission found that there is no reason to doubt that CCC authorities intended to fulfil the purpose of the Diffusion and that it still had a valid purpose.
However, the Commission found that the information provided by the NCB regarding the Applicant’s personal criminal acts were not described precisely, nor were there clear elements provided by the NCB that ascertain the Applicant was aware of the falsification of documents. It made general statements as to the existence of evidence against the Applicant without addressing his relevant submissions.
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.
