INTERPOL
Conditions applicable to the processing of admissible requests by the Commission for the control of INTERPOL’S files (CCF)
I. GENERAL RULES OF PROCEDURE
- Identification of relevant data: Upon receipt of an admissible request for access to data, correction and/or deletion of data processed in the INTERPOL Information System (IIS), the Commission first checks whether any data concerning the applicant are being processed in the IIS (Article 33(1) of the CCF Statute).
- Examination of request: The CCF examines requests on the basis of the information available to it. During this process, the applicants can submit to the CCF additional information and corresponding documents relevant to the examination of their requests (such as previous and current functions, pending legal actions, etc.) in a concise manner (the following email address can be used for that purpose: ccf@interpol.int). In accordance with Article 34 of its Statute, the CCF may also seek additional information or clarification from applicants, sources of data challenged, the INTERPOL General Secretariat (IPSG) or other entities concerned by the request.
- Communication with the CCF after the submission of a request: The CCF is the only point of contact of applicants during the examination of their requests (Article 31 of the CCF Statute).
- Communication of information connected to a request: In accordance with Article 35(1) of its Statute, prior to disclosing information connected with a request, the CCF shall consult the owner of that information. In case of restrictions, they shall be motivated and justified, as required by Article 35(3) and (4) of the CCF Statute.
- Timeframes for decisions: Based on Article 40 of the Statute, the CCF shall generally decide on a request within four months for access requests and nine months for requests for deletion and/or correction of data, starting from the date on which requests were declared admissible.
- Provisional measures: Before deciding on a request and at any time during the examination of the request, the CCF can take provisional measures in relation to the data concerned (Article 37 of the Statute).
- Notification of decisions to IPSG: The written decisions of the CCF shall be provided to IPSG within one month from the date on which they were made (Article 41(1) of the Statute). The CCF may decide on any appropriate corrective actions to ensure compliance with rules. To decide on other appropriate remedies, the CCF shall take into consideration the position of the Organization (Article 39 of the Statute).
- Implementation of the CCF decisions: In case the CCF decides that the information connected with a request shall be updated, corrected or deleted, IPSG shall implement the decision within one month from the date on which it was received unless it seeks further clarifications needed for the implementation of the decision.
- Notification of decisions to the parties: The CCF shall provide applicants with its written and reasoned decisions no later than one month from the date on which the Commission either adopted its decisions or received notification of implementation by IPSG of corrective actions decided by the CCF.
- Applications for revision: To apply for the revision of a CCF decision, it is indispensable to provide a precise but brief statement of each fact that has been newly discovered since the Commission’s decision, and to indicate how these facts could have impacted the decision of the Commission and when such facts were discovered (as per Article 42 of the CCF Statute).
II. ADDITIONAL INFORMATION
- Languages: The CCF will only take into consideration legible documents provided in one of INTERPOL’s working languages: Arabic, English, French or Spanish (Article 18(1) of the Statute). As the working language selected by the CCF is English (Article 18(2) of the Statute), its decisions are drafted in English only.
- Written submissions and hearings: Article 36 of the Statute provides that the CCF examines requests on the basis of written submissions and hearings may only be held if deemed necessary by the CCF. Furthermore, the Commission’s standard information security practice is to decline to use external USB storage devices.
- Single representative: In case of several representatives, an applicant shall indicate which one will be the sole point of contact with the CCF. The CCF will issue its correspondence to only one addressee. This does not prevent each of the mandated representatives from continuing to submit information to the Commission on behalf of an applicant.
- Limits of the CCF role: The Commission’s powers are limited to the data processed in the IIS and the examination of their compliance with INTERPOL’s rules. It is not empowered to act with regard to national files, determine whether an applicant might travel abroad without fear of being arrested, intervene into national extradition proceedings or in relation to bilateral judicial cooperation between sovereign States, lead investigations, weigh evidence, make a determination on the merits of a case, provide assistance with visa applications or applications for permanent residence. Only the competent national authorities may do so.
- Confidentiality: Pursuant to Article 20 of its Statute, the work and the files of the CCF are confidential. Requests are not recorded in the IIS. In that context, the letters of the Commission and its decisions are not intended for public dissemination. However, they can be used within the limits of what is necessary to defend the individual’s rights, for instance in a court hearing.
- Free submission of requests: There shall be no charge for the submission of a request (Article 30(3) of the CCF Statute). Accordingly, the Commission does not collect any fee as part of its activities concerning the processing of requests to access to or challenge information recorded in the IIS.
- Possible homonymy issues: in the context of the processing of requests highlighting a possible homonymy issue, Applicants are invited to indicate in their request whether they authorize the Commission to forward the information relating to their identity documents to any appropriate INTERPOL National Central Bureau for identification purposes or to check their authenticity.
