Is the CCF obliged to grant me access to INTERPOL’s files?
No. When it receives a request like this, the CCF has to ask the NCB of the relevant country for its authorization to disclose to you whether or not there is any information on file.
This is because, under INTERPOL’s rules, information on INTERPOL’s files belongs to the NCB which sends that information to INTERPOlL.
The NCB is therefore able to tell the CCF not to disclose the information at all, or even whether there is any information on file. You may therefore get an answer like this:
‘In application of the principles of national sovereignty and indirect access to information, on which INTERPOL’s applicable rules for processing information are based, the Commission is not authorized to disclose whether or not there is any information in INTEPROL’s files about the person subject of the request, or to allow access to such information if it exists, unless it obtains the necessary authorization from the appropriate authorities of any countries concerned by the request.
However, the Commission has not been authorized by the NCB to disclose to you whether or not there is any information about you registered in INTERPOL’s files.’
Note that if you receive such a response, it does not imply that there is, or that there is not, any information on file.
It simply means that the CCF has not been allowed to tell you either way.
However, if there is information on file and the NCB does not object to the information being disclosed to you, the CCF may respond saying something like this:
‘The Commission has been authorized by the National Central Bureau of [country] to inform you that you are wanted by virtue of an arrest warrant dated [date] issued by [the relevant court].
This arrest warrant is the basis for a [Diffusion / Red Notice] issued against you with the following summary of facts:
[the letter will then include a short description of the allegation, possibly only of a few lines in length, supplied by the NCB]’
Equally, the NCB may consent to you being informed that there is no information on file at all.
We do not currently know what the wording of such a response looks like.