Draft:Commission for the Control of Interpol Files (CCF)

The Interpol Files Control Commission CCF is an independent body created to ensure the legality, confidentiality, and respect for human rights in processing data stored in Interpol databases.. The CCF plays an important role in protecting personal information and monitoring the compliance of Interpol's activities with internal rules and international standards. The CCF headquarters is located in Lyon, France.

A person or his legal representative may request the Commission if he believes that his data in Interpol databases is being used illegally or incorrectly. CCF conducts a detailed investigation and may recommend deletion or modification of data if irregularities exist.

The Commission operates independently of other Interpol bodies and comprises experts in law, information technology, and human rights. This guarantees objectivity and impartiality in the work.

CCF structure

The CCF Commission consists of two main chambers, each of which has separate functions to ensure comprehensive oversight and fair consideration of cases.

Supervisory Chamber is responsible for the overall supervision of data processing at Interpol. Its tasks include monitoring compliance with the Interpol Charter and international data processing standards, analyzing requests for access to information contained in databases, and developing recommendations for improving data processing practices. The Observatory consists of specialists in information technology, law and data management.

It includes:

• Teresa McHenry (USA) – lawyer with experience in international criminal law (chairman);
• Yves Pullet (Belgium) – data protection expert (speaker);
• Mohammed Elfadel Milled (Tunisia) - expert in the field of electronic data.

Advisory and decision-making chamber Requests the Chamber consider individual requests from individuals or organizations who believe that their rights have been violated. The main tasks of the chamber include verifying complaints about the lawfulness of data processing, considering requests for correction, deletion or updating of information, and making decisions on specific cases. The Advisory and Decision Chamber consists of lawyers and experts in the field of international law and human rights protection.

Its composition:

• Teresa McHenry (USA);
• Mohammed Kamara (Lebanon);
• Hamza Es-Said (Morocco);
• Susie Allegre (UK);
• Michel Forst (France).

The Commission is supported by a Secretariat, which provides the administrative and technical support necessary to effectively carry out its functions.

The Chairman chairs the meetings and represents the CCF within Interpol's activities. The Administrative Secretariat supports the administrative activities of the CCF, including collecting documentation, managing communications and coordinating with other INTERPOL bodies.

Members of the Commission are not employees of Interpol and are subject solely to the CCF charter. Decisions are made based on facts and international standards, without interference from other Interpol bodies. Funding and organizational matters are held in separate jurisdictions to avoid potential conflicts of interest. These factors guarantee the independence of the CCF Commission.

Role of the Commission

The Interpol Files Control Commission performs 3 main functions:

1. Supervisory function: CCF controls that the processing of personal data and Interpol notifications complied with the organization’s internal rules and international data protection standards;
2. Advisory function: The Commission provides advice to Interpol on projects, operations and other issues related to the processing of personal data, contributing to the improvement of procedures and policies in this area;
3. Review of requests: CCF processes individual requests for access, correction or deletion of data stored in the INTERPOL information system.

CCF actively cooperates with General Secretariat Interpol, National Central Bureaus and other relevant structures to effectively perform its functions.

Legal basis of CCF

The CCF operates within a legal framework defined by its Charter, Operating Rules, Interpol Rules and applicable international legal standards.

The fundamental document regulating the activities of Interpol and its bodies is the Charter of the Organization. In particular, Articles 2 and 3 of the Charter emphasize the need for respect for human rights and political neutrality in Interpol's activities.

The Commission's activities are governed by its own Statute, which defines the competence, powers, structure, functioning and procedures of the CCF. This document ensures the independence and impartiality of the Commission in the performance of its duties.

Regulations on the Commission for Control of Interpol Files

The Interpol Commission for the Control of Files (CCF) Regulations is a regulatory document that defines the mandate, structure, functions and operating procedures of the CCF. The Commission is an independent body responsible for ensuring that Interpol's processing of personal data complies with applicable rules and respects fundamental individual rights.

The Regulations define the procedures for reviewing requests, including eligibility criteria, review timeframes, and procedures for interacting with applicants. The Commission is required to ensure the confidentiality of information and act in accordance with the principles of fairness and impartiality.

Interpol Data Processing Rules

Rules on the Processing of Data, RPD, is a regulatory document that sets standards and procedures for the collection, storage, use and exchange of information within Interpol's activities. Adopted by the Interpol General Assembly in 2011, these rules came into force in July 2012 and have since undergone a number of changes to adapt to new data protection challenges.

RPDs are based on the following key principles:

• Legality and justice: Data processing must be in accordance with applicable laws and fair to data subjects;
• Target constraint: Data is collected for specific, clearly defined and legitimate purposes and must not be used in a manner incompatible with those purposes;
• Accuracy and relevance: data must be reliable and regularly updated;
• Proportionality: the data processed must be adequate, relevant and not redundant in relation to the purposes for which they are collected;
• Safety: appropriate measures to protect data from unauthorized access, loss or damage;
• Access and correction: Data subjects have the right to request access to their data and have it corrected or deleted if necessary.

The Interpol Files Control Commission oversees compliance with the RPD and other applicable data processing rules. CCF also provides recommendations on projects and operations related to the processing of personal data.

Rules of operation of the Interpol Files Control Commission

The rules of the Commission for the Control of Interpol Files regulate its activities, ensuring independence, transparency and efficiency in monitoring the processing of personal data at Interpol. The main provisions of the CCF operating rules are set out in her Statute and Operating Rules.

CCF members are required to act independently and impartially, without representing the interests of any state or organization. They must avoid any activity incompatible with their duties on the Commission.

The CCF considers requests for access, correction or deletion of data processed in the INTERPOL system. The applicant must submit the request in writing through the official portal or postal address of the CCF.

The request must contain detailed information about the applicant, a description of the circumstances surrounding the alleged violation, as well as copies of supporting documents (passport, court decisions, etc.). The applicant may request access to their data, correction of errors or deletion of illegally processed information.

The CCF evaluates whether the request meets its mandate and established criteria. In case of incomplete data, the Commission may request additional information from the applicant.

The Commission requests data from the General Secretariat of Interpol to determine the existence and accuracy of the information and the compliance of data processing with the rules of the Organization. During the review, data sources are checked and compliance with international legal standards is analyzed.

Upon completion of the analysis, CCF may recommend correction, deletion or updating of the data, or may determine that the data has been processed in accordance with the rules. The decision is made in writing, indicating the reasons. A person also has the right to file preventive request to check availability Red Notice or international arrest warrant in your own name.

CCF ensures the confidentiality of information obtained in the course of its activities. Members of the Commission and her The Secretariat is required to maintain strict data security measures and prevent unauthorized access.

The Commission interacts with the General Secretariat of Interpol, National Central Bureaus and other structures to effectively carry out its functions, while maintaining its independence.

Eligibility of the request to the CCF

The admissibility of a request to the Commission is determined by a number of criteria that ensure the effective consideration of applications and the protection of the rights of data subjects.

Requests to the CCF can be submitted by individuals whose personal data is processed in Interpol systems, as well as their legal representatives (lawyers or authorized persons acting on behalf of the data subject). Organizations or government agencies may not submit requests to the CCF on their own behalf.

The request must contain the following information:

• Applicant identification data: full name, date of birth, nationality;
• Contact information: address, email, telephone;
• Request Description: a clear statement of the essence of the request (access to data, correction or deletion);
• Supporting documents: copies of passports, court decisions and other relevant materials.

Incomplete or inaccurate requests may be rejected or additional information may be required. Since June 2024, CCF has been accepting requests exclusively electronically. Exceptions are possible only in special cases

Requests must be submitted in one of the official languages ​​of Interpol: English, French, Spanish or Arabic Upon receipt of the request, CCF records it and acknowledges receipt to the applicant.

Thus, compliance with the established eligibility conditions and correct submission of the request contribute to the effective processing of applications to the CCF and the protection of the rights of data subjects.

Limits of the Commission's role

The limits of the Commission's role are determined her mandate established by the Statute of the Commission and the rules of Interpol. These restrictions ensure that the Commission acts strictly within its powers, focusing on the protection of personal data and ensuring that its processing complies with the organization's rules.

The CCF does not have the right to provide legal assessments in criminal cases and transnational crimes, consider questions of guilt or innocence of data subjects. The Commission focuses solely on the lawfulness of data processing and not on the circumstances of criminal charges.

In accordance with the Interpol Charter, the Commission does not have the authority to consider requests related to political, military, religious or racial issues. These restrictions are based on the principle of neutrality international organization.

The CCF cannot review or challenge decisions of national courts, even if they relate to data contained in the Interpol system. The Commission's task is to verify the compliance of data processing with INTERPOL's internal rules, and not to assess the legality of court decisions.

The Commission has no right to interfere with the operational functions of the Interpol General Secretariat or the National Central Bureaus (NCBs). This includes refusing to consider requests aimed at changing organizational policies or interfering with her work.