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Human Rights in Counter-Terrorism Investigations
The UN Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism issued a compilation of
international good practices concerning the work of intelligence agencies in
relation to counter terrorism, it states:
“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.” 40
1.1.4 Maintenance of Intelligence Systems
An essential part of the intelligence-management process is database maintenance. The operational benefits of maintaining a lean system that is weeded
regularly have already been set out above. It also helps to keep the system in
compliance with human rights standards. 40
As with the evaluation of information, weeding is best done systematically,
regularly and according to a set of established criteria. Most OSCE participating States have some form of legislation relating to data protection, and these
often contain a set of principles that govern how data is to be used, kept, processed, deleted and disclosed. This includes provisions establishing regular
checks of the quality of the data and regulating how long information should
be kept. Data must be adequate, relevant, non-excessive, accurate, complete
and up-to-date, and people should be able to have access to and the opportunity to correct their own personal data. Complying with these requirements
necessitates that databases are regularly reviewed and information that is no
longer relevant and up-to-date is deleted.
40
United Nations Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, Martin Scheinin, Report to the
UN Human Rights Council, 17 May 2010, A/HRC/14/46, para. 46, <http://www.un.org/
Docs/journal/asp/ws.asp?m=A/HRC/14/46>.
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