Our legal team obtained the deletion of INTERPOL data concerning a refugee who faced persecution through international police channels.
The client was subject to an INTERPOL Red Notice. We challenged the continued retention of the data and argued that it no longer complied with INTERPOL’s data-processing requirements.
The Commission for the Control of INTERPOL’s Files (CCF) ultimately decided that the client’s data should be deleted from the INTERPOL system.
The Client’s Situation
Our client was a refugee who faced persecution through INTERPOL channels.
Although the client was entitled to protection as a refugee, an INTERPOL Red Notice had been issued against them. The situation created serious concerns about the continued use of international police data in circumstances connected with political persecution.
Our task was to challenge whether the information could lawfully continue to be processed by INTERPOL.
How We Challenged the INTERPOL Data
Our lawyers challenged the continued retention of the client’s data before the CCF.
The application relied on Articles 10(1) and 12(1) of INTERPOL’s Rules on the Processing of Data.
Article 10(1) requires data processing to have a specific and explicit purpose consistent with INTERPOL’s aims. Article 12(1) requires processed data to be accurate, relevant, not excessive and up to date.
We argued that the continued retention of the client’s information no longer satisfied these requirements.
The application also relied on the client’s refugee status, the political circumstances surrounding the case and the absence of sufficient justification for maintaining the Red Notice.
For cases involving similar concerns, our Red Notice removal lawyers assist with challenges to data processed through INTERPOL.
Why the Political Context Was Relevant
The political circumstances formed an important part of the challenge.
Our position was that the continued processing of the client’s information could not be assessed independently from the persecution that had led to the client’s refugee status.
The case therefore required the CCF to consider whether maintaining the data remained compatible with INTERPOL’s rules and the client’s protected position.
The CCF Decision
The Commission for the Control of INTERPOL’s Files decided to delete the data concerning our client from the INTERPOL system.
According to the case record, the decision was taken outside the Commission’s regular session because of the circumstances of the matter.
The result ended the processing of the challenged data through INTERPOL.
What This Case Demonstrates
This case shows that the continued retention of INTERPOL data can be challenged when the information no longer satisfies the applicable processing requirements.
It also demonstrates the importance of presenting the client’s individual circumstances clearly, including refugee status and the political context relied on in the challenge.
Our human rights defence lawyers assist in INTERPOL matters where international police cooperation raises issues connected with persecution and fundamental rights.
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