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 due process, human rights, and description of criminal activities.
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 “(…) falsely issuing (…) value-added tax invoices” on the basis of an arrest warrant (no. [xxx] issued on [date] by the [xxx].
The facts of the case state the following: “From [date] to [date], in [Country 1]: (…) [the Applicant], the legal representative of [Company 1], (…) suspicion of (…) falsely issuing special invoices for value added tax.”
The Applicant’s submissions
The Applicant requested the deletion of the data concerning her, contending, in essence that:
- the proceedings do not respect the principles of due process;
- the proceedings do not respect the principles of human rights.
- the data lack a clear description of criminal involvement; and
- the case is of a predominantly political character
The Commission’s findings
Due process and human rights issues
In view of the quality and details provided by the Applicant in her request, the Commission finds that the lack of answer from the NCB of [Country 1] in relation to the issues raised creates serious doubts as to the compliance of the data challenged with Article 2 of INTERPOL’s Constitution and Articles 10, 31 and 87(b) of the RPD. Yet, it decided not to make a final pronouncement on the compliance of the data challenged at this stage, and to continue to study the Applicant’s additional arguments.
Political character and criminal involvement
The Commission found that the information available cannot be considered as sufficient to demonstrate any criminal act, criminal intent, or personal benefit, and consequently does not satisfy the requirements of Article 83 of the RPD which call for a clear description of the criminal activities of the wanted person. Given all the circumstances, the Commission found that the data are not compliant.
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.
