BEWARE THE GIFT OF POISON FRUIT Practice 32: National law outlines the process for authorizing both the agreements upon which intelligence-sharing is based and the ad hoc sharing of intelligence. Executive approval is needed for any intelligence-sharing agreements with foreign entities, as well as for the sharing of intelligence that may have significant implications for human rights. Practice 33: Before entering into an intelligence-sharing agreement or sharing intelligence on an ad hoc basis, intelligence services undertake an assessment of the counterpart’s record on human rights and data protection, as well as the legal safeguards and institutional controls that govern the counterpart. Before handing over information, intelligence services make sure that any shared intelligence is relevant to the recipient’s mandate, will be used in accordance with the conditions attached and will not be used for purposes that violate human rights. Practice 34: Independent oversight institutions are able to examine intelligence sharing arrangements and any information sent by intelligence services to foreign entities. Practice 35: Intelligence services are explicitly prohibited from employing the assistance of foreign intelligence services in any way that results in the circumvention of national legal standards and institutional controls on their own activities. If States request foreign intelligence services to undertake activities on their behalf, they require these services to comply with the same legal standards that would apply if the activities were undertaken by their own intelligence services. 46

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