This international analytical report by Observatoire ARGA examines one of the central challenges facing the Commission for the Control of INTERPOL’s Files (CCF): how to provide sufficiently reasoned decisions while protecting information subject to legitimate confidentiality restrictions.

The current CCF Statute simultaneously requires written, reasoned decisions and permits restrictions on the disclosure of information in order to protect security, investigations, the rights of applicants and third parties, and the proper functioning of INTERPOL. In practice, these requirements create a difficult balance: a party should be able to understand why a particular decision was reached, while disclosure of certain evidence, sources or circumstances may create genuine risks.

The report examines Articles 35, 38 and 42 of the CCF Statute, the Commission’s Operating Rules, INTERPOL’s Rules on the Processing of Data, published CCF practice and relevant judgments of the European Court of Human Rights. Particular attention is given to six published CCF decision excerpts from 2018–2025.

ARGA proposes a model based on a single complete decision from which adapted versions would be prepared for the applicant and the source of the data. Only information whose disclosure creates a specific risk should be restricted, while the reasoning, legal basis and outcome of the decision should remain consistent.

The proposals include systematic consideration of less restrictive alternatives to complete non-disclosure, the use of redaction, anonymisation and meaningful summaries, documentation of the reasons for confidentiality restrictions, consistency checks between different versions of a decision, and enhanced scrutiny of confidential material that substantially affects the outcome.

The central objective of the proposed reform is to make CCF decisions more understandable and reviewable while preserving the necessary protection of confidential information and the safety of all participants in the procedure.