(a) With the Applicant’s consent Unit 2: General Issues As a general rule, the free and informed consent9 of the individual concerned should be obtained before UNHCR discloses information from an individual RSD file to a third party. When seeking consent, UNHCR must inform the Applicant of the extent of the information to be disclosed, the recipient of the information, the purpose of the disclosure and the likely use of the information. Consent must be sought each time the information is to be disclosed to a different third party or used for purposes which the Applicant was not informed about and would not have reasonably expected at the time of the initial consent. Consent may be given orally or in writing, or through clear affirmative action unambiguously indicating the Applicant’s agreement,10 and should be recorded on file. Where an Applicant refuses to consent to the disclosure of information, he/she should be counselled about the benefits and potential risks of disclosure, as well as made aware of any consequences of a decision to deny consent. The refusal to consent and reasons thereof should be recorded on file. In some situations where consent is granted, disclosure of information provided by or about an Applicant may nevertheless raise safety or other protection risks for the individual in question. In such situations, the potential implications must be carefully assessed and every effort made to minimize any such risks. For instance, disclosure of apparently contradictory information provided by a family member/ dependant, a witness or an applicant in a related case in relation to a refugee status claim may put the individual in question at risk, and thus would not be appropriate even if consent has been granted (for further guidance, see §§ 4.3.13 – Information Provided by Witnesses, 4.3.14 – Interview of Family Members or other Dependants and 5.3.1 – The Family Unity Interview). A child’s ability to consent depends on his/her capacity to understand the process and its ensuing rights and obligations, and is determined on a case-by-case basis. Depending on their evolving capacity, including their age, level of maturity and development, and other relevant factors, children can provide consent to sharing their personal data or other information on their RSD file. For children who are not able to give consent, but can understand and agree to the disclosure of information, the child’s informed assent should be sought. Assent is the expressed willingness and views of a child. Consent to personal data or other information sharing should also be obtained from the child’s parent, family member with parental responsibility, or legal or customary caregiver, in addition to the consent or assent of the child himself/herself. Where the parent or caregiver is not reachable, the information can be disclosed with the child’s consent, or in absence of consent, if it is in the child’s best interests, taking into account his/ her views. Where it is not in the best interests of the child to share the information with the child’s parent or legal/customary caregiver, seeking the consent of that parent or legal/customary caregiver is neither necessary nor appropriate. In such cases, information about the child may be collected and disclosed if it is in the child’s best interests (for further guidance on data protection for child Applicants, see § 2.8.4 (f) – Confidentiality and Data Protection). 9 To be valid, consent must be informed, that is consent must be based upon a clear appreciation and understanding of the facts, implications and consequences, which obliges UNHCR to inform the person of the purpose(s) of data collection, and how the data is, or is likely to be, used. Consent must also be freely given, meaning that the individual must have a genuine choice and be able to refuse or withdraw consent without adverse consequences. 10 An example of an affirmative action could be if the parent of a child Applicant guides the child into the interviewing room after being asked for consent for the child to be interviewed. 23