Collection of vast amounts of data on migrants and refugees creates serious issues and possible human rights violations related to data sharing and access, particularly in settings such as refugee camps where power differentials between UN agencies, international NGOs and the affected communities are already stark. Although exchanging data on humanitarian crises or biometric identification is often presented as a way to increase efficiency and interagency and inter-state cooperation, benefits from the collection do not accrue equally. Data collection and the use of new technologies, particularly in contexts characterized by steep power differentials, raise issues of informed consent and the ability to opt-out.96 the enhancement of the security process such that every person processed through the Centres is recorded and accounted for.97 Biometric IDs issued involuntarily under Myanmar’s national verification process have thus become one of the major obstacles to repatriation, standing to undermine the voluntariness of return. As Rohingya refugee, Khin Maung, of the Rohingya Youth Association explained: “ Going back to our homelands is always in our thoughts. We want to go home in safety. NVCs make us unsafe. NVC is for foreigners in Myanmar, but Rohingya are not foreigners – we are citizens. Myanmar government has intent to make Rohingya into foreigners by accepting the NVC. We call NVCs as “genocide cards” because they will destroy our whole generation. Despite improved understanding among refugees of the benefits of digital identification systems in terms of humanitarian delivery, data protection arrangements remain unclear. Concerns remain as to whether data may, in future, be shared with the Government of Myanmar without consent, or leaked through crossborder intelligence networks. A major sticking point for Rohingyas in repatriation agreements, is the legitimate fear that they will be required to undergo national verification or be issued with NVC cards on return. This worry has been compounded by Myanmar’s intention to combine the issuance of NVCs, which are currently paper based, with biometric registration. In a needs assessment report on repatriations in 2019, the ASEAN-ERAT described how returnees immediately on arrival would: receive an NVC with a barcode and will further proceed to Biometric Registration. The NVC serves as a guarantee by the Government of Myanmar for the returnees to be able to access livelihood opportunities and basic needs such as health and education services in Maungdaw and serves as evidence that the person is a resident of Myanmar…The recording of personal information of returnees 18 years old and above and the immediate issuance of their NVCs at the Reception Centre also supports Ms. E. Tendayi Achiume, Report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, A/75/590 (November 2020) available at: https://www.ohchr.org/en/issues/racism/srracism/pages/indexsrracism.aspx [accessed 13/11/2020] 97 ASEAN-ERAT report, ‘The preliminary needs assessment for repatriation’ (2019) available at: https://asean.org/storage/2020/03/13.-June-2019-Preliminary-NeedsAssessment-for-Repatriation-in-Rakhine-State-Myanmar-ad-hoc-AHA-Ctr.pdf [accessed 13/11/2020] 96 19

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