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 purpose, family matter, international interest and seriousness, and due process.
The facts
The Applicant, a national of [Country 2], is the subject of a Blue Notice issued on [date], at the request of the NCB of the [Country 1] with the status of […] for “crime against family/abduction.”
The facts of the case state the following: “[the Applicant] is wanted for taking [the Child] (…)”
The Child, a national of the [Country 1], is the subject of a Yellow Notice issued on [date], at the request of the NCB of the [Country 1] with the status of “missing.”
The facts of the case state the following: “[the Applicant] is wanted for taking [the Child] (…).”
The Applicant’s request
The Applicant requested the deletion of the data concerning her and the Child, contending, in essence, that:
- the data currently do not have a purpose;
- the case is of a family nature;
- the requirement of interest and seriousness of the data for international police cooperation is not met; and
- the proceedings do not respect the principles of due process.
The Commission’s findings
Purpose of the data
Based on the information submitted, the Commission determined that both Notices still had valid purposes.
The Commission dismissed this argument presented by the Applicant and decided to continue to study her additional claims.
Private character of the case and interest of the data for police cooperation
The Commission first highlighted that the Applicant is subject to a Blue Notice. Moreover, the Commission underscored that, in any case, the NCB provided sufficient elements to indicate the Applicant’s possible involvement in the facts for which she is investigated and the [selected INTERPOL offence code] of “crime against family/abduction”, which form the basis of the Blue Notice, can be considered as a criminal matter, and are coherent with the underlying facts provided in the case summary and further information submitted by the NCB of the [Country 1].
The Commission dismissed this argument presented by the Applicant and decided to continue to study her additional claims.
Standards of human rights
The Commission considered that the Applicant did not provide information which may indicate that any additional measures could have been reasonably expected from the [Country 1] authorities toward her due notification. It underlined how the data registered at the request of the NCB may be reasonably understood to also include notification and ensure her presence before the competent court that may in the future adjudicate on her case, are sufficient to meet the standard stipulated in the aforementioned provision of the ICCPR.
The result
The Commission decided that the data challenged are compliant with INTERPOL’s rules applicable to the processing of personal data.
