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 HOW TO GET THE MOST FROM THE INFORMATION 77

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