Home
Our legal team secured the deletion of INTERPOL data concerning a Russian national.
He was under 18 when the alleged offence occurred. He later received Special Immigrant Juvenile (SIJ) classification in the United States.
The case concerned the description of the alleged criminal conduct and the client’s individual role. His age and later circumstances in the United States were also relevant to the case assessment.
What Was the Client Accused Of?
According to the case materials, Russian authorities accused the client of involvement in a fraud scheme connected with a restaurant in Moscow.
The wider criminal case concerned alleged losses of approximately RUB 430,000. The information relating specifically to the client concerned an episode involving approximately RUB 15,000.
The authorities alleged that he participated in an organised group and that his bank account had been used in connection with the alleged fraud.
A significant fact was his age: the client was under 18 at the time of the alleged conduct.
What Arguments Were Submitted to the CCF?
Our lawyers requested INTERPOL data deletion and challenged whether the information concerning the client complied with INTERPOL’s data-processing rules.
The application focused on several issues:
- the description of the client’s personal involvement was limited;
- the information did not clearly explain his alleged individual actions;
- he had been a minor when the alleged conduct occurred;
- his circumstances had subsequently changed in the United States; and
- the continued relevance of the data for international police cooperation required review.
These were arguments concerning the processing of INTERPOL data. They were not a request for the CCF to determine the client’s criminal guilt.
Published CCF decisions confirm that the Commission may examine whether the information provided clearly identifies the person’s specific role and conduct. In one published Diffusion case, insufficient information about an applicant’s individual involvement contributed to a decision that the data should be deleted.
Why Was the Client’s Age Important?
The client’s age formed part of the factual context because he was a minor when the alleged events occurred.
However, being under 18 does not automatically require INTERPOL to delete data. The relevance of age depends on the circumstances of the individual case and must be considered alongside the alleged conduct, the quality of the information and the purpose of international police cooperation.
What Role Did the Client’s U.S. SIJ Classification Play?
The client later received Special Immigrant Juvenile classification in the United States.
SIJ classification is available to certain noncitizen children who meet specific requirements involving juvenile-court findings concerning abuse, neglect, abandonment or similar circumstances. USCIS explains that SIJ classification can provide a route to applying for lawful permanent residence where the additional legal requirements are satisfied.
The client’s U.S. immigration and child-protection circumstances formed part of the wider factual context presented in the INTERPOL proceedings.
What Did the CCF Decide?
According to the case record, the Commission for the Control of INTERPOL’s Files concluded that the data concerning the client did not comply with INTERPOL’s applicable rules.
The challenged data was therefore deleted from INTERPOL’s files.
The result was based on the compliance of the data with INTERPOL’s legal framework, rather than a determination of whether the client was guilty or innocent of the underlying criminal allegations.
What Does This Case Show?
This case demonstrates that the quality and specificity of information about an individual’s alleged conduct can be important in an INTERPOL data challenge.
A national criminal case does not automatically mean that every related item of personal data satisfies INTERPOL’s requirements.
Where the description of a person’s role is unclear, the circumstances have materially changed or other compliance concerns arise, those issues can be presented to the CCF with supporting evidence.
Need Legal Help?
Facing an Interpol Notice or Extradition Threat?
Our international criminal defence lawyers have helped clients in 50+ countries. Get a confidential consultation today.
