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Independence

Commission for the Control of INTERPOL's Files

The Commission's independence is enshrined in:

  • Article 5(a) of the Rules on the Control of Information and Access to INTERPOL’s Files (RCI),

The Agreement between the Supervisory Board and the General Secretariat, which states that the Secretary General "shall take all administrative decisions necessary to ensure the smooth functioning of the Supervisory Board's activities, with scrupulous respect for its independence and its mandate".

  • Article 33 of the operating rules which states that:

“(1) The members of the Commission shall be completely independent in the exercise of their duties, in accordance with Article 5(e,1) of the RCI.  The same shall also apply to the Secretariat of the Commission which shall receive instructions only from the Commission or from its duly empowered members, in conformity with Article 7 of the RCI.

(2) The Chairperson of the Commission shall ensure that the regulatory conditions concerning the independence of the Commission and its Secretariat are enforced.”

Its independence is also guaranteed by:

  • The extent of its powers of investigation. The CCF has the right to full and direct access to all INTERPOL's files;
  • Its ability to consult the sources of information processed by INTERPOL. (Article 14 operating rules);
  • Article 6 (c) of the RCI:  “If the Commission disagrees with the General Secretariat about an operation or project to process personal information, it may inform the Executive Committee, so that the Committee may, if necessary, take any appropriate measures.”

The Commission gained accreditation and recognition as a data protection authority on 12 September 2003 during the 25th International Conference of Data Protection and Privacy Commissioners held in Sydney.

In practice, the Commission guarantees its independence vis-à-vis the General Secretariat by:

  • Its composition,
  • Its adoption, in 1996, of its own Rules of Procedure,
  • The extent of its powers of investigation. The Commission has the right to full and direct access to all INTERPOL's files. It may also consult the Executive Committee and the National Central Bureaus, which are the sources of the information processed by INTERPOL.