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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