6. INFORMED CONSENT ON USING AND SHARING INFORMATION
Much of the information gathered during investigations, especially through interviews,
is confidential. An investigator has to obtain the informed consent of an interviewee or
source to use and share the information. The consent has to be specific regarding how
the information can be used and the entity with which it can be shared. For example,
sources may agree that the information they provided may be used by the commission/
mission in its report, but without disclosing their identity. Or sources may agree to it being
shared with local NGOs, but not with local authorities. In the absence of consent, the
information should not be shared.
Confidentiality applies both to the identity of the sources and to the information they
provide. Depending on the nature of the information and the security concerns of the
source, most sources would be more concerned about their identity being disclosed than
about the commission/mission using the information. Where information provided on a
confidential basis is used in reports, care should be taken that the information itself does
not reveal the identity of the source.
Even if there is consent, it may be necessary to edit or redact the original materials
before sharing them, either to protect sources or in accordance with privacy rules.
It is essential that such redacted materials should also be tracked in the database or
information management system used by the commission/mission and that the redacted
copy be associated with the original materials. Redactions must also be reflected in any
translation of such material.
When a request is received to share information gathered by a commission/mission, an
assessment should be made about protection concerns of the source at the time of the
request. If there is a considerable risk of harm, it may decide not to share the information
even if the source has consented.
Confidentiality pertains to the sharing of information with any other entity, including
United Nations agencies, NGOs, special rapporteurs, the International Criminal Court
and national authorities. Any decision to share information with a third party shall be
guided primarily by the consent of the source to share the information and the need not to
compromise the safety and security of the source. During the lifetime of the commission/
mission requests for information will be considered by the members. Afterwards, such
requests are addressed to OHCHR.
GUIDANCE AND PRACTICE
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