Part 1
21
Useful guidance on the information that can be lawfully gathered and the
conditions under which this information can be processed and stored should
be spelled out in domestic legislation and regulations, in line with international human rights standards.
Intelligence systems are not effective if they:
• do not support operational policing;
• do not assist strategic decision-making; and
• do not give operational police teams information that they can act on to
prevent and detect crime.
Such intelligence systems, filled with out-of-context and outdated information, are also incompatible with human rights standards, in particular the
right to privacy. As in so many other areas of law enforcement work, applying
human rights standards not only allows officers to work in compliance with
international and domestic law, but also makes them more effective in their
work. It is, therefore, crucial to look at various elements of processing information and intelligence to assess the operational benefits of applying human
rights standards at each stage.
1.1.1 Gathering Information
Information is collected by law enforcement agencies from a variety of
sources, some of which will be routine (e.g., the examination of operational
databases and crime recording systems) and some that is volunteered (e.g.,
by members of the public, informants, or domestic or foreign law enforcement agencies). Information may be gathered “overtly” from “open sources”
available to the public and “covertly” through the lawful use of police methods, such as surveillance and informants. It is necessary that domestic laws
and regulations specify precisely the powers, methods and conditions under
which law enforcement officers can gather information.
Handling human sources of information
Human rights are usually regarded as principally concerning the relationship between the individual and the state. They aim to ensure that the power
of the state is exercised in a responsible and accountable manner and that
the state is held responsible and accountable for violations. Law enforcement
agencies, representing the state, have a duty to prevent crime and offences
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents