It is incredibly frustrating to find yourself subject to an INTERPOL measure (e.g. Red Notice or Diffusion) when you believe there has been a breach of INTERPOL rules. It is even more frustrating when INTERPOL does not accept your application for correction and/or deletion.
We are receiving a lot of enquiries from individuals who have submitted to the INTERPOL Commission for the Control of INTERPOL’s Files (“CCF”) a request for deletion and/or correction of data relating to them (e.g. if they know they have a Red Notice or Diffusion) and received an unfavourable decision from the CCF. Typically, the CCF will have determined that the challenged data complies with INTERPOL’s rules for processing personal data.
Consequently, INTERPOL will continue to publish the measure (e.g. Red Notice of Diffusion) relating to the individual, raising serious concerns about data processing breaches.
Is it possible to appeal a CCF decision?
Ultimately, it is possible to appeal a CCF decision. However, such an appeal (or application for revision of a request by the CCF) can only be made under specific circumstances.
What are the grounds to appeal a CCF decision?
An application for revision can only be made based on the discovery of a fact that would probably have led to a different conclusion if it had been known at the time the request was processed.
Are there any time limits?
There are strict time limits involved. Applications for revision must be made within six months after the discovery of the fact that would have led the CCF to make a different decision.
What is the procedure for making an application for revision?
The application for revision must include a brief statement of facts concerning the requested revision, including the newly discovered facts of developments that, if presented at the time of the study of the case, would have led the CCF to make a different decision. A revision form is available on the INTERPOL website.
What should I do if I want to appeal a CCF decision?
Ultimately, the rule concerning an application for revision are complicated, technical and there are strict timeframes involved. Those who fear that they are subject to an INTERPOL measure and believe that the CCF has incorrectly considered their correction and/or deletion application should seek urgent legal advice.
How Gherson can help
The Interpol team at Gherson has deep experience working with clients who have been subjects of INTERPOL Notices. We’ve previously written series of blogs designed to assist those who fear they might be subject to INTERPOL measures:
How do I know if I am subject to an INTERPOL Red Notice
How to Remove an INTERPOL Red Notice
INTERPOL Red Notices and Extradition
We have also written a series of blogs about the different types of INTERPOL notice.
What is an INTERPOL Purple Notice?
What is an INTERPOL Green Notice and can it be challenged?
What is an INTERPOL Orange Notice and can it be challenged?
What is the purpose of an INTERPOL Blue Notice, and can it be challenged?
What is an INTERPOL Blue Notice?
Gherson has over 30 years of experience in assisting with all aspects of INTERPOL, Red Notice challenges and extradition. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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