A/HRC/14/46
the shared information.158 Intelligence-sharing agreements help to establish mutually agreed
standards and expectations about shared information, and reduce the scope for informal
intelligence-sharing, which cannot be easily reviewed by oversight institutions.
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.
46.
It is good practice for national law to set out guidelines for the authorization of the
sending of information on an ad hoc basis, as well as for the establishment of agreements
for intelligence-sharing.159 This serves to ensure that there are established channels of
responsibility for intelligence-sharing and that relevant individuals can be held to account
for any decisions they make in this regard. In many States, routine intelligence-sharing at
the domestic level is authorized internally (within the intelligence services). However,
when information shared by intelligence services may be used in court proceedings, it is
good practice for executive authorization to be required; the use of intelligence in such
proceedings may have profound implications for the rights of the individuals concerned, as
well as for the activities of the intelligence services themselves.160 Additionally, many
national laws require executive authorization for the sharing of intelligence or
establishment of sharing agreements with foreign entities.161
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.
47.
Both the sending and receipt of intelligence can have important implications for
human rights and fundamental freedoms. Information sent to a foreign Government or
intelligence service may not only contribute to legal limitations on the rights of an
individual, but could also serve as the basis for human rights violations. Similarly,
intelligence received from a foreign entity may have been obtained in violation of
international human rights law. Therefore, before entering into a sharing agreement or
sharing any information, it is good practice for intelligence services to conduct a general
assessment of a foreign counterpart’s record on human rights and the protection of personal
data, as well as the legal and institutional safeguards (such as oversight) that apply to those
services.162 Before sharing information on specific individuals or groups, intelligence
services take steps to assess the possible impact on the individuals concerned.163 It is good
158
159
160
161
162
163
GE.10-13410
Canada, Arar Commission, p. 339; Germany (footnote 2), sect. 19; Germany (footnote 106), sect.
7a(4); Netherlands (footnote 20), arts. 37, 59; Croatia (footnote 2), art. 60 (3).
Croatia (footnote 2), art. 59(2); United Republic of Tanzania (footnote 61), art. 15 (3) (4); Canada
(footnote 6), art. 17.
Netherlands (footnote 20), arts. 38.1 and 61; Canada (footnote 6), art. 17.1 (a).
Netherlands (footnote 20), art. 59 (5–6); Croatia (footnote 2), art. 59(2); United Kingdom,
Intelligence and Security Committee, p. 54; Canada (footnote 6), art. 17.1 (b); Germany (footnote
106), art. 7a; Germany (footnote 2), sect. 19(1).
Netherlands, Review Committee for the Security and Intelligence Services, review report on the
cooperation of the GISS with Foreign intelligence and/or security services, pp. 7–11, 43; Arar
Commission pp. 345, 348.
Croatia (footnote 2), art. 60 (1); Germany (footnote 2), sect. 19; Switzerland (footnote 5), art. 17 (4);
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