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Our legal team represented a dual national of the United Kingdom and Cyprus whose personal data was processed through an INTERPOL Blue Notice in connection with a bank fraud investigation.
The case later developed into a potential Red Notice matter. After concerns arose about the accuracy of the information supplied to INTERPOL, our lawyers challenged the data before the Commission for the Control of INTERPOL’s Files (CCF) and submitted a preventive request when UK authorities subsequently sought a Red Notice.
The CCF ultimately concluded that the data no longer met the applicable requirements for processing through INTERPOL, and the notice was cancelled.
Background of the Case
In January 2020, UK authorities requested an INTERPOL Blue Notice concerning our client.
According to the case record, the request described him as a witness whose location and testimony were relevant to an ongoing bank fraud investigation.
However, prosecutors had already begun treating the client as a possible suspect.
In April 2020, INTERPOL published the Blue Notice while the client was living in Cyprus.
Why the Blue Notice Data Was Challenged
A Blue Notice can be used to obtain information about a person of interest in a criminal investigation, locate that person or establish their identity.
Under INTERPOL’s Rules on the Processing of Data, a Blue Notice may concern a convicted or charged person, a suspect, a witness or a victim. The requesting authority must also provide sufficient information for the requested international cooperation to be effective.
The issue in this case was therefore not simply that the client had become a suspect.
According to the case record, the information supplied to INTERPOL described him as a witness while the national investigation had already begun treating him differently.
That discrepancy raised concerns about whether the information processed through INTERPOL accurately reflected the client’s status and the circumstances of the investigation.
Our lawyers therefore challenged the continued processing of the client’s data.
For legal assistance concerning an existing INTERPOL Blue Notice, see our dedicated Blue Notice service.
Preventive Action Before the Red Notice Request
In August 2020, our legal team submitted a preventive request concerning the risk of a future Red Notice.
The purpose of the submission was to place relevant information before INTERPOL before any later Red Notice request was processed.
In September 2020, UK authorities formally applied for a Red Notice concerning the client.
This development made it important to address both the accuracy of the existing INTERPOL data and the risk that the same underlying information could be used in connection with a more serious international alert.
An INTERPOL preventive request can be relevant where there is a credible risk that a member country may seek international police cooperation against an individual and important compliance information should be raised in advance.
Arguments Submitted to the CCF
Our lawyers asked the CCF to review the data concerning the client and its continued compliance with INTERPOL’s legal framework.
The application focused on the accuracy and quality of the information supplied to INTERPOL and on whether the client’s actual position in the national investigation had been properly represented.
The CCF is the independent body responsible for examining individual requests concerning access to, correction of and deletion of personal data processed in the INTERPOL Information System.
Its role is not to determine whether a person is guilty or innocent of the underlying criminal allegations. The Commission examines whether INTERPOL’s processing of the personal data complies with the Organization’s rules.
The case therefore centred on the lawfulness and accuracy of the INTERPOL data rather than on deciding the merits of the UK criminal investigation itself.
The CCF Decision
According to the case record, the CCF concluded in April 2021 that the data concerning the client no longer met the applicable requirements for processing through INTERPOL.
The notice was cancelled.
The result concerned the continued processing of the client’s data within INTERPOL’s system. It did not constitute a judgment on the client’s guilt or innocence in the underlying national proceedings.
Why This Case Matters
This case demonstrates that the accuracy of information supplied to INTERPOL can be critical.
A Blue Notice can lawfully concern different categories of people, including witnesses and suspects. However, the information supplied to INTERPOL must accurately reflect the circumstances of the case and satisfy the applicable data-processing requirements.
The case also shows why early intervention can matter where an existing INTERPOL record may later be followed by a Red Notice request.
By challenging the existing information and making a preventive submission before the later request was processed, the legal issues surrounding the client’s INTERPOL data could be raised before the situation developed further.
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