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Interpol Red Notices and Diffusions

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Interpol Red Notices and Diffusions © Denys Prokofyev | Dreamstime where in a member country. While Red Notices and Interpol Red Notices and Diffusions can serve a legitimate law enforcement pur - pose, they are susceptible to abuse by regimes that use Diffusions: Powerful — them to oppress political dissenters, as well as by countries that treat civil disputes as criminal matters. This article sets out the basic principles of Interpol And Dangerous — Tools of Red Notices and Diffusions, and addresses the practical questions of how to ascertain whether a client is the sub - Global Law Enforcement ject of a Red Notice or Diffusion, and, if so, how to request its cancellation. I. Interpol a. Interpol Generally With 190 member nations, Interpol is the largest client, who has been under investigation in a for - international law enforcement agency in the world. 1 Its eign country, asks counsel if it is safe to travel inter - stated mission is “[p]reventing and fighting crime through nationally, or if there is a risk of arrest and deten - enhanced cooperation on police matters.” 2 It does not A 3 tion even in countries that are not involved in the matter employ its own police force. Interpol assists national law under investigation. That question implicates a powerful enforcement agencies in combating transnational crime tool of global law enforcement known as a “Red Notice,” and terrorism by providing “targeted training, expert and an even more powerful tool called a “Diffusion.” investigative support, relevant data and secure communi - These devices are issued and circulated by and through cations channels.” 4 These tools help local police under - Interpol, the International Criminal Police Organization. stand international trends in criminal activity, and con - A Red Notice, issued by Interpol at the request of a mem - duct multinational investigations and operations. 5 ber country, seeks the arrest of an individual in any of Interpol’s 190 member countries. A Diffusion is a unilat - b. Interpol’s Constitution eral notice from an Interpol member country, often Interpol’s Constitution sets out Interpol’s objectives requesting the arrest of an individual. It is disseminated and general structure. 6 Articles 2 and 3 are key provisions. through Interpol, but lacks the screening that Interpol’s Article 2 states that Interpol aims “[t]o ensure and promote rules require before a Red Notice is issued. Most common - the widest possible mutual assistance between all criminal ly, Red Notices and Diffusions are enforced at points of police authorities within the limits of the laws existing in entry, although in principle they may be enforced any - the different countries and in the spirit of the Universal BY JACQUES SEMMELMAN AND EMILY SPENCER MUNSON 28 WWW.NACDL.ORG THE CHAMPION Declaration of Human Rights[.]” 7 Article advising Interpol on projects that involve color-coded based on their purpose. 33 3 sets forth Interpol’s principle of neutral - the processing of personal information; Some notices serve a purely information - ity, stating that “[i]t is strictly forbidden and (3) handling requests for access to al function, such as Orange Notices, for the Organization to undertake any Interpol’s files. 22 Red Notices and which “warn of an event, a person, an intervention or activities of a political, Diffusions fall within the CCF’s purview, object or a process representing a serious military, religious or racial character.” 8 as they involve the collection and use of and imminent threat to public safety.” 34 personal information. 23 Green Notices “provide warnings and c. Structure of Interpol Interpol is not subject to national intelligence about persons who have Interpol’s supreme governing body legislation aimed at protecting personal committed criminal offences and are like - is the General Assembly, comprised of privacy, and is generally immune from ly to repeat these crimes in other coun - delegates appointed by each member suit in national courts (including those of tries.” 35 Purple Notices provide (and also nation. 9 The General Assembly meets the United States). 24 Instead, Interpol has seek) information regarding “modi annually to make decisions relating to a set of rules designed to protect individ - operandi, objects, devices and conceal - policy, resources, finances, working ual rights, and the CCF oversees adher - ment methods used by criminals.” 36 methods and programs. 10 Interpol’s ence to those rules. 25 Yellow Notices “help locate missing per - Executive Committee oversees the imple - NCBs are responsible for ensuring sons or … identify persons who are mentation of decisions made by the that any information they provide to unable to identify themselves.” 37 General Assembly. 11 The Executive Interpol’s databases is accurate, relevant The remaining varieties of notices I Committee is composed of the President, and up to date, and that its processing request information or action from the N three Vice Presidents and nine Delegates, conforms with the Organization’s network of police forces connected by T 12 38 each from a different member country. Constitution, the NCBs’ respective Interpol. Blue Notices are issued to “col - E The day-to-day operations of Interpol national laws, and international treaties. 26 lect additional information about a per - R are carried out by the General Additionally, the General Secretariat son’s identity, location or activities in P Secretariat, which is headquartered in oversees the NCBs to confirm compliance relation to a crime,” while Black Notices O 27 L Lyon, France, and which operates 24 with Interpol’s rules and Constitution. request “information on unidentified hours a day, 365 days a year. 13 The The CCF serves as an additional level of bodies.” 39 Red Notices “seek the location R Secretariat also has seven regional offices, compliance oversight, monitoring the and arrest of wanted persons with a view E and maintains liaison offices at the General Secretariat’s actions and han - to extradition or similar lawful action.” 40 D United Nations in New York and the dling requests from individuals who seek Yellow, Green, Blue and Red Notices N 14 European Union in Brussels. Former access to the information in Interpol’s are submitted through Interpol’s I-Link O U.S. Treasury Department official databases or who challenge the use or system, a data exchange platform that T 28 Ronald K. Noble, the current Secretary accuracy of that information. enables NCBs to record and access police I General, is charged with running the information contained in I-24/7, C General Secretariat. 15 f. Collection and Use of Interpol’s secure global police network. 41 E S Personal Information d. National Central Bureaus Interpol has two sets of rules with b. Red Notices and A Each member nation of Interpol respect to obtaining and using personal Diffusions Generally N maintains a National Central Bureau information. The goal of the Rules on the Sometimes characterized as an inter - D (NCB) that acts as a liaison between the Processing of Data (RPD) is to “exchange national “wanted poster,” 42 a Red Notice is D nation’s law enforcement agencies and a maximum of information of interest for a demand by the requesting NCB on all I 16 Interpol. NCBs are the “lifeblood” of the purposes of international police coop - Interpol members to arrest a person F Interpol, contributing to its criminal eration,” while maintaining “due obser - wanted for prosecution or to serve a pre - F U databases, and cooperating in cross-bor - vance of the Organization’s political neu - viously imposed sentence. 43 A database S 17 der investigations and operations. The trality, independence and mandate, and of called Travel Documents Associated With I NCB for the United States is “INTERPOL th[e] [members’] respective national leg - Notices (TDAWN) allows agents at bor - O 29 Washington,” a joint venture of the islations and international conventions.” der points to check passport data against N 44 Department of Justice and the The Rules on the Control of Information Interpol Notices. If a subject of a Red S Department of Homeland Security. 18 Any and Access to Interpol’s Files (RCI) estab - Notice is located, the country in which U.S law enforcement agency, from the lish the authority of the CCF, and allow the subject has been located shall imme - Federal Bureau of Investigation to a local individuals access to personal data con - diately notify the requesting NCB and the police department, seeking to interact tained in Interpol’s databases. 30 General Secretariat, “subject to limita - with Interpol must do so through tions deriving from national law and INTERPOL Washington. 19 II. Red Notices and applicable international treaties,” and shall “take all other measures permitted e. The Commission for the Diffusions under national law and applicable inter - Control of Interpol’s Files a. Notices Generally national treaties, such as provisionally The Commission for the Control of As an international police organiza - arresting the wanted person or monitor - Interpol’s Files (CCF) is an independent tion with a declared vision of “connecting ing or restricting his/her movement.” 45 monitoring body within Interpol that police for a safer world,” Interpol’s pri - Due to Fourth Amendment con - oversees Interpol’s activities. 20 The CCF is mary role is informational. 31 Interpol straints, the United States will not arrest composed of five members, each serving Notices facilitate information-sharing someone solely on the basis of a Red a three-year term. 21 The CCF’s primary and cooperation among police forces of Notice or Diffusion, 46 although various functions are (1) monitoring compliance member nations. 32 Notices are issued by other countries will do so. 47 Assuming the with Interpol’s rules governing the collec - Interpol’s General Secretariat at the requesting country is not hostile to the tion and use of personal information; (2) request of a member nation, and are United States, U.S.
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