Changes to the composition of the CCF
Old CCF Composition
Chairperson (senior judicial/data protection expert)
Two data protection experts
Electronic data processing expert
Expert in police and international cooperation
New CCF Composition
Supervisory and Advisory Chamber
Data protection expert
Expert on electronic data processing
Requests Chamber
Data protection expertise
Expertise in police matters,
especially internationalcooperation
Expertise in international criminal law
Expertise on human rights
Senior judicial/prosecutorial position, preferably
with expertise on international cooperation
Better transparency and respect for the equality
of arms
94. The rules governing disclosure of
evidence by the CCF have been
significantly reformed, creating a
presumption that information “shall be
accessible to the applicant”.94 NCBs are
only able to prevent disclosure if they have
good reasons for doing so, and these
reasons are given in Article 35(3) of the
CCF Statute as (a) to prevent public or
national security or to prevent crime; (b)
to protect the confidentiality of an
investigation or prosecution; (c) to protect
the rights and freedoms of the applicant or
third parties; and (d) to enable the
Commission or INTERPOL to properly
discharge their duties. Where any of the
above restrictions apply, the decision not
to provide disclosure must be justified
and an effort should be made to provide
whatever information is possible, for
example in the form of summaries.95
95. The failure by an NCB to provide
justification for withholding disclosure does
not, however, lead to the automatic
44
CCF Statute, Article 35(1).
CCF Statute, Article 35(4).
96
CCF Statute, Article 35(4).
94
95
disclosure of the content of the information
but the CCF may take the lack of justification
into consideration when assessing and
deciding on the request.96 So far, the CCF
has not clarified how exactly it takes into
consideration the fact that disclosure
has been refused when it is making its
determinations in complaints proceedings.
The CCF decisions we have seen so far,
recognise that the refusal to disclose
information regarding data on INTERPOL’s
systems undermine the adversarial nature
of the complaints proceedings, by
compromising the individual’s ability to
challenge the data properly. The decisions
do not make it clear how exactly the CCF
addresses the unfairness, only that it takes
the ‘imbalance’ between the parties into
consideration.
96. The new rules on disclosure have not
replaced the “national sovereignty”
principle, and given that the CCF continues
to view the NCBs as the ultimate controllers
of the data that they supply to INTERPOL,
it remains the case that the CCF does not
disclose any information to individuals
before seeking permission from the NCB.
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