RED IS NOT THE ONLY COLOUR – PART 2

Our focus here at Red Notice Monitor is, perhaps not surprisingly, on Interpol Red  Notices. However, Interpol issues a number of other colour-coded Notices. Blue Notices collect additional information about a person’s identity or location or activities in relation to a criminal investigation, the purpose of Black Notices is to seek information on unidentified bodies. There are also Green, Orange and Purple Notices. 

In this issue of our blog, we focus on Interpol Yellow Notices – ‘a global police alert for a missing person’ – according to Interpol . These are primarily used to help locate missing persons, particularly minors, or to identify individuals who are unable to identify themselves. These notices are invaluable in cases of international child abductions, criminal abductions, missing vulnerable adults, or situations where individuals are found but cannot provide their identity due to medical conditions or other circumstances.

The process of issuing a Yellow Notice typically begins when a member country’s law enforcement agency submits a request to Interpol via their National Central Bureau. Once approved, the notice is circulated to all 195 member countries, alerting police forces worldwide to be on the lookout for the missing person or to help identify an individual. In 2023, Interpol issued 2,687 Yellow Notices.

In its Rules on the Processing of Data Article 90, Interpol provides criteria for issuing a Yellow Notice: in the case of any missing person, the police report, the person’s last known location, and the information surrounding the person’s disappearance is the information required to issue a Yellow Notice. While Yellow Notices serve an important humanitarian purpose, they are not without challenges and controversies.    

One of the primary challenges associated with Yellow Notices is balancing the need to locate missing persons with individual privacy rights. The widespread dissemination of personal information, including photographs and identifying details, can potentially infringe on privacy, especially if the person in question does not wish to be found or if the notice is issued erroneously.

Like other Interpol tools, Yellow Notices could be vulnerable to misuse by authoritarian regimes. While the specific criteria for Yellow Notices make them less suited for targeting political dissidents compared to Red Notices, Yellow Notices could be used to locate a family member of a dissident or activists who have fled persecution. Such abuse would undermine the integrity of the system and divert resources from genuine missing persons cases.

Despite Interpol’s efforts to maintain consistent guidelines, the criteria for issuing Yellow Notices can vary between member countries. Resource constraints mean high-profile cases often take precedence over equally deserving but less sensational ones. Cross-border cases create jurisdictional quagmires, while technological disparities and cultural miscommunications further complicate matters.

For individuals who are the subject of a Yellow Notice, especially those who are later found or identified, there can be long-lasting consequences. The wide circulation of their personal information can lead to stigmatisation or ongoing privacy issues, even after the notice has served its purpose.

Once a Yellow Notice is issued, ensuring its timely removal or update when the situation changes can be challenging. Delays in this process can lead to ongoing searches for individuals who have already been located, wasting resources and potentially causing distress to the individuals involved.

Improving the Yellow Notice system requires a multifaceted approach. Stricter oversight could prevent abuse, while enhanced privacy protections would safeguard individuals’ rights. Standardised global criteria would ensure more consistent application, and improved technology sharing could bridge the gap between nations. Better cross-cultural training for law enforcement could mitigate miscommunications. As Interpol refines this tool, the challenge remains: balancing public safety with individual rights in an interconnected world. The Yellow Notice system, for all its flaws, remains a vital instrument in global law enforcement – but one that demands constant vigilance and improvement.

If you require legal advice from specialist Interpol Red Notice lawyers about any matter relating to Interpol, please contact us here . You can read more about us, here .