The NGO and expert organization Asylum Research & Global Assistance (ARGA) has submitted an expert contribution to INTERPOL as part of the ongoing review of the Statute of the Commission for the Control of INTERPOL’s Files (CCF) — specifically addressing Articles 35(3) and 38(3).
The contribution addresses one of the central dilemmas in international procedures: how to ensure meaningful reasoning and transparency for both the applicant and the data source, while safeguarding the confidentiality of ongoing investigations, protected sources, third parties, and effective international police cooperation.
Core Mechanism — The principle of Maximum Meaningful Disclosure Compatible with Legitimate Confidentiality:
- Individualized Risk Assessment: Moving away from automatic non-disclosure triggered by generic references to “national security” or “ongoing investigations”. Each restriction must be evaluated against a concrete, foreseeable risk.
- Proportionality and Redaction First: Prioritizing partial disclosure, anonymization, redaction, and substantive summaries (gist) over complete withholding of documents.
- Party-Specific Decision Architecture: Utilizing tailored versions of a single decision (Applicant-Specific and Data-Source-Specific) supported by an internal control log (Disclosure Schedule).
- Enabling Article 42 Review: Providing sufficient factual and legal reasoning so that parties can meaningfully assess and exercise their right to seek a review under Article 42 of the CCF Statute upon discovering new facts.
The position paper is grounded in a comprehensive article-by-article analysis of the CCF Statute, Operating Rules 2026, and Rules on the Processing of Data (RPD), alongside comparative jurisprudence from the CJEU, ECtHR, and UN mechanisms.
Official Documents & Downloads
ARGA Position Paper: CCF Statute Review (Articles 35 & 38)
Full expert document containing detailed statutory analysis, comparative legal benchmarks, and proposed amendments to the CCF Statute (PDF, EN).