HomeData Deleted from INTERPOL Files: Challenging a Diffusion Request from Ukraine
The Background: A Decade-Old Diffusion
In 2010, the Ukrainian authorities circulated a diffusion via INTERPOL channels concerning our client, alleging misappropriation or embezzlement of entrusted property in a gross amount. The charges were linked to a domestic arrest warrant that remained unnamed and unspecified at the time of circulation. Despite the lack of procedural transparency, the diffusion posed a serious threat to the client’s freedom of movement and professional activity for more than a decade.
Legal Argument: Disproportionality and Misuse of INTERPOL Mechanisms
Our legal team submitted a formal request for deletion to the Commission for the Control of INTERPOL’s Files (CCF). In the application, we argued that:
- The lack of clarity and specificity regarding the alleged arrest warrant raised procedural and due process concerns.
- The monetary amount involved in the alleged crime was relatively minor and did not meet the threshold of seriousness for international police cooperation under Article 35(1) of INTERPOL’s Rules on the Processing of Data (RPD).
- The case was not of sufficient interest to justify the use of INTERPOL mechanisms, as required by INTERPOL’s own legal framework.
The Commission’s Review and Findings
The Commission agreed with the applicant’s position. It concluded that the use of INTERPOL’s diffusion mechanism in this case was a misuse of international law enforcement tools. Specifically, the CCF emphasized that:
- INTERPOL should not serve as a substitute for domestic enforcement mechanisms or be used to enforce vague or minor allegations.
- The low value associated with the alleged offense weighed heavily against its inclusion in INTERPOL’s system.
- The data in question failed to comply with INTERPOL’s standards for legality, proportionality, and relevance.
The Outcome: Data Deleted
The Commission ruled that the data concerning our client were non-compliant with INTERPOL’s rules and therefore must be deleted from INTERPOL’s files. This decision not only restored the client’s international mobility and reputation but also reaffirmed the principle that INTERPOL cannot be used as a tool of overreach for marginal or improperly substantiated allegations.
Facing Unjust INTERPOL Notices?
If you or someone you know is subject to a diffusion or red notice for a minor, unsubstantiated, or outdated allegation — you may have legal grounds to request deletion of your data from INTERPOL’s systems.
Contact our experienced INTERPOL lawyers to evaluate your case and protect your rights under international law.
