responsibility should be based on reasonable
and reliable evidence and according to the juvenile justice standards. (See the recommendation
above, as well as chapter 6 on juvenile justice).
Protective measures for international exchange
of information
226.
The transnational sharing of personal
information poses a great risk of violating one’s
rights and privacy owing to the variations in
legal frameworks and proper safeguards for
information-sharing when managing private
data at national and regional levels. States must
exercise due diligence before sharing a child’s
data with other States to ensure that the receiving State has adequate safeguards in place to
protect the child’s data and that the receiving
State will not use that information beyond the
agreed purpose. It is critical that when a child
is removed from a State’s watch list or database that an effective mechanism be in place to
ensure that the child’s name is removed from all
other entities and States with which that data
was shared. In affecting this, robust cooperation
and prompt action between States is required.
Judicial remedies and legal aids
227.
Every child has the right to challenge his
or her inclusion in a database, and thus States
must provide a judicial remedy for children to
dispute the infringement of their privacy if he
or she believes the listing is incorrect or that his
or her personal data was collected in a way that
was unlawful.464 Effective independent oversight
464 UNICEF, Implementation Handbook for the Convention
on the Rights of the Child (2007), 209.
bodies should be established to review data
collection, storage, retention and sharing to
ensure doing so is strictly necessary and proportionate and is occurring in a fair, non-discriminatory manner.
228.
Generally, children have limited access to
the legal services necessary to understand the
consequences of inclusion in a list and to challenge it. This is likely to be even more challenging
for children who are non-citizens, as they might
face obstacles in claiming their rights and accessing judicial remedies in countries other than their
own. This is particularly so in the case of stateless
children.465 States need to take measures to facilitate their access to necessary legal services and
should consider appointing dedicated advocates
for affected children.
On data collection in relation to the foreign fighter phenomenon, see further the
Counter-Terrorism Implementation Task Force,
“Guidance to States on human rights-compliant
responses to the threat posed by foreign
fighters” (2018), especially Chapter VII on
information exchange, data collection and
analysis.
Available at www.ohchr.org/EN/
newyork/Documents/Human-Rights-Responses-to-Foreign-Fighters-web%20final.pdf
465 A/HRC/13/37, para. 31.
101.
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