I recently received a decision from the CCF (Commission for the Control of INTERPOL’s Files), and I absolutely loved it. It was by far the best decision I have ever received from the CCF- and not just because we succeeded in our request to remove a client’s Red Notice, although of course that was the best part.

The decision was outstanding for another reason: it provided a thorough and detailed analysis of the Commission’s approach to the case. It provided a basis for understanding the Commission’s view of the case, and it gave the reader insight about how the Commission weighed the evidence and arguments that we had submitted, particularly against the political landscape of the country that requested the Red Notice.

Since the CCF does not publish its decisions, we can only glean information and guidance from its decisions on an anecdotal basis, as the decisions become available to us through our own work or the work of others. In that manner, I’ve noticed over the last 9 to 12 months that the CCF’s decisions are increasingly detailed, more thorough, and offer more transparency in terms of providing insight as to the Commission’s process and reasoning.

This change may be rooted in a variety of reasons, but the one that’s most apparent is this: the Commission’s decisions on requests for removal are now made by the Request Chamber, which was newly created in 2017 by the Statute of the Commission for the Control of INTERPOL’s Files. The members of the Request Chamber are all lawyers, and the difference that makes is significant.

Certainly, the CCF has always had attorneys on its staff who handle much of the CCF’s work when it is not in session, and who work in overdrive when it is in session. However, the added influence of having attorneys in decision-making roles who preside over cases in session cannot be overlooked, and is becoming more apparent with time.

In the next post: who are the lawyers that make up the Request Chamber, and why it matters.

As always, thoughts and comments are welcomed.

Last November, at the annual meeting held under the direction of INTERPOL’s newest Secretary General, Jürgen Stock, the organization adopted new rules to be applied to its quasi-appellate body, the Commission for the Control of INTERPOL’s Files (“CCF”).  This change marks the first time since 2012 that INTERPOL and the CCF have undergone such a substantive change in the rules.

The new rules are set forth in the “Statute of the Commission for the Control of INTERPOL’s Files,” the purpose of  which is to define the work of the CCF.  The changes in the CCF are both procedural and substantive.  We’ll address the most significant differences in the next several posts, and today will begin with one of my favorites and something that almost no one ever asks for: more lawyers.

In the context of the CCF, more lawyers is good.  Up until now, the CCF has been comprised of five members, who are required to include: one chairperson who has held a senior judicial or data protection post; two data protection experts having held senior positions in that field; an electronic data processing expert having held a senior position in that field; and an expert with international experience in international police co-operation.  While some attorneys have held the positions, there has not been an absolute requirement that attorneys be appointed. Consequently, the Commission members’ experience in or interest in international human rights issues, criminal law fundamentals, and international judicial matters have not been required.

Now, however, the new Statute re-defines the makeup of the CCF.  There will now be two chambers that comprise the CCF:

The Supervisory and Advisory Chamber, responsible for:

  • ensuring compliance of personal data with INTERPOL’s rules, and
  • assisting INTERPOL with advise on projects, rules, and oeprations regarding the processing of personal data.

The Requests Chamber, responsible for:

  • examining and deciding on requests for access to and removal or correction of data.

The Requests Chamber is required to include five lawyers, one of each with expertise in data protection, international police cooperation, international criminal law, human rights issues, and one with judicial or prosecutorial experience.

While the CCF has already staffed very capable attorneys who work on the data requests, this is the first time that the members of the Commission will be required to be attorneys as well.  This change is indicative of a higher commitment by Commission members to the examination and understanding of legal arguments and theories, and should make the work of the CCF’s staff attorneys less burdensome in terms of pre-session preparation of cases.

The inclusion of attorneys on the CCF will also assist in accomplishing one of the other new requirements of the CCF: to provide reasoned and published opinions.  More on this topic next time.

As always, thoughts and comments are welcomed.