• Oversight: All cooperation must be carried
out in a manner that facilitates effective
accountability, transparency and oversight,
including the use of clear authorisation
procedures, the keeping of appropriate
records, maintaining up-to-date internal
policies and procedures and guidance for
staff, and reporting to the responsible
Minister on the nature and outcomes
of cooperation with overseas public
authorities.181
In terms of human rights obligations, security
agencies must not cooperate with overseas
public authorities where they know or assess that
there is a real risk that the activity will lead to, or
where information has been obtained as a result
of, human rights breaches in that country. This
includes a duty of due diligence and this applies
to requests to share intelligence on a case-bycase basis or within the context of a broader
standing authorisation.
181 Ibid. para. 57.
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