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 13/15