As we discussed in the last post, INTERPOL’s new rules are called the Rules on the Processing of Data (RPD) and will become effective July 1, 2012. Among the changes from the old rules, and of interest to Red Notice subjects and their attorneys, will be the following:
- Better organization of topics in a more streamlined layout
- Additional responsibilities (and repurcussions for failing to observe those responsibilites) for the National Central Bureaus (NCB’s).
- More clearly delineated distance between the roles and functions of NCB’s and INTERPOL.
Obviously, ease of reading the rules is particularly important when navigating INTERPOL. That change doesn’t require much more discussion as far as how it will affect attorneys. Suffice to say that a more intuitive approach to setting forth the rules makes for a more organized approach to preparing every case.
The changes regarding the NCB’s are significant. The RPD create enhanced responsibilities to which the NCB’s must adhere regarding employee training, observation of country-specific legal requirements, and data protection and entry. Where NCB’s embrace the new rules, there will be little room for complaint. However, where the rules are violated, challenges will likely include those violations as grounds for relief. NCB’s have ample reason to carefully review the new rules: violation of the rules carries penalties such as re-training, supervision, and finally, suspension from accessing INTERPOL’s tools.
One of the rule changes will have an effect that is more difficult to predict: built into the new rules is an obvious effort to create distance between the NCB’s and INTERPOL. It’s no secret that INTERPOL intends to maintain its status as an international organization generally not subject to lawsuits in member country courts. As INTERPOL’s reach expands and more people suffer the effects of improperly issued Red Notices, the drumbeat to hold INTERPOL accountable for aiding improperly acting member countries grows louder. The new rules are absolutely meant to hold that movement at bay. Whether it succeeds or not, only time will tell.