ii. there is reasonable suspicion to believe
that the child has committed terrorist
crimes or is at risk of committing terrorist crimes and no less restrictive measures
can limit that risk;
Example from Thailand—Information
of a child on database.
In Thailand, the Juvenile and Family Court
Procedure Act (2010) governs information concerning children who have violated laws. The
Royal Thai Police keep records of such information. Once the child completes a rehabilitation programme, a notification is sent
to the police and the child’s information
is transferred to an inaccessible archive.
8.2
Key Recommendations
229.
The following are recommended:
Regulatory framework
a. Develop specific regulatory frameworks, legal
safeguards and procedures for collecting, using
and sharing children’s personal data, including
in situations in which children are placed on
lists and databases for child-protection
purposes.
b. Develop clear and appropriate standards,
criteria and procedures for the inclusion of
children’s names in lists and databases, for the
management and sharing of such databases
and for the removal of names, considering the
fundamental importance of the presumption
of innocence and the age of the child.
iii. the placement of a child on such a list is evaluated by authorities on a case-by-case basis
based on clear criteria for the inclusion of individuals’ names in watch lists and databases and
comprehensive safeguards are in place; and
iv. effective oversight and redress mechanisms
are developed to ensure the protection of
child rights particularly given the potential
lifelong implications on affected children.
d. Ensure that due diligence processes are in
place to review other States’ frameworks and
data protection policies and procedures before
sharing information about specific children
with those States and ensure that agreements
are in place to guarantee the removal of
children’s data from those States’ databases.
Purpose
e. In the context of migration, children’s personal
data, in particular biometric data, should be
collected only for the purposes of identifying
and protecting the child and ensuring the
child’s best interests, with strict enforcement
of appropriate rules on collection access, use
and retention of data.
c. Collect and exchange the information of a
child as a potential suspect of terrorist crimes
only if:
i.
102.
the child is above a minimum age of
criminal responsibility consistent with
international juvenile justice standards;
f.
Noting in a watch list or database that a known
or suspected terrorist, including a foreign terrorist fighter, was travelling with a child, without naming that child, can enable relevant
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