INTERPOL Preemptive Request

Our Services: INTERPOL Preemptive Requests

A preemptive request before INTERPOL allows an individual to act before a Red Notice is issued, asking the organisation not to process future data that would breach its rules.

At Otherside, we assist clients in preparing and submitting these requests to the Commission for the Control of INTERPOL’s Files (CCF) to minimise the risk of a Red Notice being published.

This proactive step can be decisive in politically motivated or unfounded cases.

Legal Basis and Procedure

While the CCF Statute does not expressly mention “preemptive requests,” the practice is recognised within INTERPOL’s system.

Such a request asks INTERPOL to block or flag any future data submission concerning an individual, even when no information currently exists in its files, on the basis that processing such data would violate INTERPOL’s Constitution and Rules on the Processing of Data (RPD).

Upon receipt, the CCF forwards the request to INTERPOL’s General Secretariat, which records the information and may consider it during its pre-publication compliance review.

Since 2016, all Red Notice requests undergo internal review before publication to ensure compliance with INTERPOL’s rules on neutrality, proportionality, and human rights.

INTERPOL preemptive request submitted to the CCF

Limitations of the INTERPOL Preemptive Request

A preemptive request before the CCF does not trigger a formal review or decision. Once received, the CCF simply transmits the information to INTERPOL’s General Secretariat, which may refer to it during future compliance reviews. The CCF does not examine the admissibility, legality, or accuracy of hypothetical future data. Applicants should be aware of the following limitations:

No Decision or Legal Assessment

The CCF will not issue a determination on whether a potential Red Notice would comply with INTERPOL’s rules.

A preemptive request is not treated as a formal application for review, and no findings on legality or compliance are made.

No Confirmation of Ongoing Monitoring

After submission, the applicant receives only a brief acknowledgment that the request was forwarded to the General Secretariat.

There is no continuous monitoring or confirmation that the information remains under review.

No Automatic Notification

Submitting a preemptive request does not guarantee that the applicant will be notified if INTERPOL later processes data or publishes a Red Notice.

Any new data concerning the individual may still enter INTERPOL’s system without prior warning.

No Guarantee of Refusal

While a preemptive request can influence INTERPOL’s internal assessment, it does not ensure that a Red Notice request will be refused.

Decisions remain at the discretion of the General Secretariat’s Notices and Diffusions Task Force (NDTF), which generally blocks publication when clear political elements or procedural irregularities exist.

Our Approach

At Otherside, we assist clients in submitting INTERPOL preemptive requests that effectively highlight potential breaches of INTERPOL’s rules before a Red Notice is issued.

While the Commission for the CCF does not rule on such applications, the way a request is structured determines whether it will be meaningfully noted by INTERPOL’s General Secretariat during future compliance reviews.

Risk Assessment

We analyse the background of the case to identify circumstances that may lead to an abusive Red Notice request — such as political motivation, lack of due process, or disproportionate measures at the national level. This analysis guides the formulation of the preemptive request.

Drafting the Preemptive Request

We prepare a written submission to the CCF, explaining why the future processing of data concerning the applicant would violate INTERPOL’s Constitution or Rules on the Processing of Data (RPD). Although the CCF does not review or decide on the merits, a well-drafted application ensures that the General Secretariat will have clear evidence of the risks when conducting its pre-publication review.

Transmission to the General Secretariat

Upon receipt, the CCF Secretariat forwards the request to the General Secretariat, which records the information for possible reference if a Red Notice request is later made. The CCF does not provide feedback or confirmation beyond this transmission.

Follow-Up and Contingency Planning

After the submission, we monitor developments that might lead to a future Red Notice and prepare the necessary documentation to respond promptly if one is issued. This approach ensures continuity between the preemptive stage and any subsequent request for deletion or correction before the CCF.

Why Choose Otherside

At Otherside, we act exclusively before the Commission for the Control of INTERPOL’s Files. Our experience with INTERPOL preemptive requests ensures that submissions are drafted in a way that the General Secretariat can meaningfully consider during its internal compliance reviews.

Exclusive Focus on INTERPOL Proceedings

We represent clients only before INTERPOL bodies, allowing precise control of procedure and language in all filings before the CCF and General Secretariat.

Strategic Presentation of Risk

We understand how the Notices and Diffusions Task Force evaluates cases involving sensitive or potentially political elements. Each preemptive request is structured to ensure that these factors are clearly presented within the framework of INTERPOL’s pre-publication review.

Experience with Sensitive Cases

We regularly advise individuals facing politically motivated allegations or proceedings lacking judicial foundation. Our submissions anticipate how INTERPOL interprets neutrality and proportionality under its Rules on the Processing of Data (RPD).

Consistent Follow-Up

A preemptive request is only the first step. We continue to monitor developments and prepare for potential action—such as a deletion request—if a Red Notice is later issued.

Contact an INTERPOL Lawyer for Preemptive Requests

If you face a risk of a Red Notice, a well-prepared INTERPOL preemptive request can help ensure your case is flagged before any publication. At Otherside, we prepare and submit these requests to the CCF for transmission to INTERPOL’s General Secretariat, ensuring compliance concerns are clearly presented. For confidential assistance with a preemptive request before INTERPOL, contact Otherside.