Approach 2: Confidential sharing during the investigation
While the investigation is ongoing certain information or materials might be
shared under specific circumstances and with selected recipients only.
Recognizing the restrictions on releasing United Nations information collected
during an investigation, an investigative body might consider sharing certain
information with selected external entities.126 The three primary types of information
that investigations usually possess and might share, i.e., (a) open source, (b) that
received via interviews or from third parties, and (c) the investigative body’s own
findings and conclusions, are taken up in turn below:
(a) Open-source information can be shared without restriction, save for any
security concerns that may arise.
(b) Material or information received from sources
An investigative body, or the custodian of the materials once the investigation closes,
may decide to cooperate with external entities by providing information on allegedly
responsible individuals that it has received in the course of the investigation – for
example, notes revealing the content of an interview.
To share information received, investigative bodies should:
(a) check whether the source has consented to the information being shared,
and if so, with whom, and whether the consent was for personal identifying
data (PID), narrative information, or both;127
(b) if consent was given, check whether any protection concerns would result
for the source, or anyone else, and if so, whether sufficient mitigating
measures, such as redacting portions of the text, can be implemented.128
For the purposes of this Guidance Note, external entities are those outside the investigative body itself.
While sharing standards differ within and among the various United Nations entities, any entity that is not
directly involved in the investigation, or making decisions as to responsibility, is considered external. For
example, section 2 B, supra, refers to several that might receive information, including United Nations
entities, all of which are by this definition external.
127
Clarity on the consent provided is important. If the scope of the consent is not clear, the source might be
approached again, where feasible. Where doubt cannot be resolved, the “do no harm” principle would
normally weigh against sharing.
128
See OHCHR Manual on Human Rights Monitoring, chapter 11, “Interviewing”, pp. 15-16.
126
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