Receiving information from other States
Policies for requesting and/or receiving information can include provisions to:
• Prevent the use of information where there is a credible risk that the other State obtained it in violation of the
prohibition on torture
• Analyse the provenance, accuracy and verifiability of information shared by another State
• Respect any limitations (‘caveats’) placed on shared information by the other State, to ensure such information
is not used in violation of domestic or international law and notify the other state of any breach of these
limitations (‘caveats’)
• Internal mechanisms, by which police and intelligence agencies’ staff can disclose any concerns about
intelligence sharing, provide a further layer of protection against the risks involved
Canada: by law, intelligence sharing arrangements must be disclosed to oversight body
Under section 17 of the Canadian Security Intelligence Service Act (1985), the intelligence agencies in Canada are
required by law to provide the relevant oversight body (the Security Intelligence Review Committee) with access
to written intelligence sharing arrangements.
Germany: primary legislation regulates intelligence cooperation through intelligence sharing
The Act for Foreign-Foreign Signals Intelligence Gathering of the Federal Intelligence Service (Gesetzes zur
Ausland-Ausland-Fernmeldeaufklärung des Bundesnachrichtendienstes) authorises the gathering and processing
of communications of foreign nationals abroad, and sets out the general parameters for intelligence cooperation
with foreign agencies, including via intelligence sharing.
UN Human Rights Committee: judicial oversight is recommended
The UN Human Rights Committee has recognised the importance of prior independent authorisation in the
context of intelligence sharing, indicating that “robust oversight systems over surveillance, interception and
intelligence-sharing of personal communications activities” should include “providing for judicial involvement
in the authorisation of such measures in all cases” (Seventh Periodic Report of the United Kingdom, Concluding
Observations on the Seventh Periodic Report of the United Kingdom of Great Britain and Northern Ireland, UN
Doc. CCPR/C/GBR/ CO/7, 17 Aug. 2015, at para. 24).
TOOL: Non-admission of evidence obtained by torture and ill-treatment
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