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
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