SECTION 8: Data Collection and Exchange
200. The collection and exchange of data on
children by States can serve important protective
purposes, particularly to identify missing children
and/or children who may have been kidnapped,
abducted, trafficked or otherwise exploited. There
may also be circumstances when the collection and
exchange of data on children may be necessary
for security purposes when a child is considered
to be a serious risk to him or herself or society. Such measures must be carefully regulated
and implemented in accordance with relevant
international human rights law, including the
Convention on the Rights of the Child and the
International Covenant on Civil and Political
Rights, as well as in compliance with any national
and/or regional legislation concerning data protection.
201.
In resolution 2396 (2017), the Security Council
decided that Member States should develop
watch lists or databases of known and suspected
terrorists, including foreign terrorist fighters, for
use by law enforcement, border security, customs,
military, and intelligence agencies to screen
travelers and conduct risk assessments and
investigations, in compliance with domestic and
international law, including human rights law.
Resolution 2396 does not explicitly require the
placement of children on these watch lists or
databases.
202.
Among the various types of data, watch
lists and databases are national and regional
alert systems that provide advance warnings
and check procedures to assist in the recognition and identification of suspected criminals,
terrorists, and suspicious goods or materials at
border crossings and in the early detection of
suspected or previously unknown criminals and
terrorists. Watch lists and databases provide an
important tool for detecting those suspected of
terrorism-related offences during routine border,
immigration and police checks. Watch lists
and databases also facilitate international
information sharing. There is no internationally
agreed upon definition or distinction between
watch lists and databases, though databases are
often regarded as more permanent and regulated.
203.
The potential misuse or abuse of watch
lists and databases can present significant human rights and rule-of-law challenges, especially in cases involving children. In the absence of
common international standards for developing
and maintaining watch lists and databases, they
are generally developed at the national level without clear, internationally recognized legal frameworks. Some of resulting human rights concerns
are outlined in the present chapter. In particular,
in relation to children, failure to ensure an effective regulatory framework and oversight of collection and exchange of data is contrary to the principle of best interests of the child. Such a failure
can lead to community grievances, further
exacerbating conflict or negatively affecting
social cohesion or conflict resolution initiatives.
204. As with all other actions concerning
children, collection and exchange of the information concerning children must be guided by the
best interests of the child and non-discrimination
principles, as well as the rights of the child, as
enshrined in the Convention on the Rights of
the Child. The information of children should
never be collected and exchanged solely
because of their affiliation with their parents, unless information exchange is strictly limited for
the purpose of protecting the child and the child’s
93.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents