system. As a result, programmes often receive requests for information from a variety of actors, including international and national organizations. In this way, programmes are often called upon to support the activities of other organizations. In considering whether to provide non-public reports to such actors and to share information more generally, programmes must, in addition to organizational policy decisions, take steps to ensure that the use of information does not compromise the programme’s ability to deliver on its primary purposes. 8.5.2 Establishing information-sharing controls If, after careful consideration, a programme does determine that information-sharing will not compromise the overall purpose of monitoring, information-sharing controls must be put in place. This protects the integrity of the programme generally, as well as the release of confidential information that has been obtained by virtue of monitoring closed hearings and access to non-public documents.15 To protect the integrity of the programme and confidentiality, programmes should consider the following methods when engaging in non-public information-sharing: Memorandum of understanding (MoU). For information-sharing that occurs on a regular basis with a specific organization, programmes should consider entering into an MoU. The MoU may specify the type of information that is to be shared, the contemplated uses of such information, and the manner in which it is to be exchanged, including designating mutual contact points. The process of negotiating and entering into an MoU not only provides valuable assurances regarding how such information is to be used, but provides an opportunity for the programme to explain its methodology and purposes to another organization. Addressing the timing and method of information-sharing also allows for a regularized exchange that will not result in ad hoc requests and unanticipated burdens put upon staff. Editing and clearance: To protect confidential information included in reports or legal opinions of monitors that may not be final or directly relevant to the other parties, programmes should consider removing such information from case reports if they are to be provided to external parties. Such extracts might include the basic hearing information and summary of testimony, but omit confidential information, as well as the monitor’s legal analysis. Alternatively, a programme might consider releasing only secondary reporting to external parties that have been vetted and cleared. Formulating an information-sharing protocol: In general, a programme should adopt an information-sharing protocol that is consistent with the principle of confidentiality and the practical needs of the programme. Such a protocol eliminates uncertainty regarding information-sharing by establishing what may be shared, in what form, and with whom. In this way, an information-sharing protocol may be formalized 15  The principle of confidentiality and the corresponding duty of monitor confidentiality are discussed more generally in Chapter 7.1.3. Trial-Monitoring: A Reference Manual for Practitioners 115

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