BEWARE THE GIFT OF POISON FRUIT
Practice 32: National law outlines the process for authorizing
both the agreements upon which intelligence-sharing is based
and the ad hoc sharing of intelligence. Executive approval is
needed for any intelligence-sharing agreements with foreign
entities, as well as for the sharing of intelligence that may have
significant implications for human rights.
Practice 33: 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.
Practice 34: Independent oversight institutions are able
to examine intelligence sharing arrangements and any
information sent by intelligence services to foreign entities.
Practice 35: Intelligence services are explicitly prohibited
from employing the assistance of foreign intelligence services
in any way that results in the circumvention of national legal
standards and institutional controls on their own activities.
If States request foreign intelligence services to undertake
activities on their behalf, they require these services to comply
with the same legal standards that would apply if the activities
were undertaken by their own intelligence services.
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