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.

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