Unit 2: General Issues Based on an assessment of their evolving capacity, including their age, level of maturity and development, and/or other factors, children can in certain circumstances provide free and informed consent to data processing. 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. For children who are not able to give consent, for example due to young age, but can understand and agree to participate in the RSD process, the child’s informed assent should be sought. Assent is the expressed willingness and views of a child to participate in the RSD process, for example to be accompanied by a support person during the RSD Interview or to have a guardian appointed. Any limits to confidentiality or data protection should be explained to the child Applicant in a manner that they understand. As a general rule, consent to personal data collection and/or sharing should 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 him/herself obtaining the consent of the parent or legal or customary caregiver is neither necessary nor appropriate where it is not in the best interests of the child to share information with the child’s parents and/or caregiver or in situations where the parent of caregiver is not reachable. For example, information provided by a child that apparently contradicts information material to a family member’s refugee status claim should not be disclosed without the child’s consent or assent and, in any case, not if it is not in the best interests of the child. In exceptional circumstances, where it is determined to be in the best interests of the child, disclosure of personal data may be done without the consent/assent of the child Applicant or the consent of his/her parent or legal or customary caregiver (for further guidance see § 4.3.14 – Interview of Family Members or other Dependants). 2.8.5 Unaccompanied and Separated Children While the principles and procedural standards set out in this Unit apply to all child Applicants, some additional safeguards and procedures are required for Applicants who are unaccompanied and separated children. Because they are separated from both parents or from their previous legal or customary primary caregiver,10 unaccompanied and separated children should be identified as early as possible in the RSD process. Identification should be facilitated where the child-friendly and age-appropriate procedures set out below are in place. Reception and registration processes should be adjusted for this category of children to facilitate the collection of information necessary to assess the child’s assistance and protection needs, including the need to initiate tracing or family unity measures, make appropriate care arrangements, designate a guardian, and decide on appropriate procedures for processing the child’s claim11 (see § 3.2.4 – Distribution and Completion of the RSD Application Form, § 3.2.5 – The Registration Interview, and § 3.4.1 – General Procedures for Applicants with Special Needs). Where appropriate, UNHCR should ensure that such processes and measures are integrated with the existing national child protection systems of the host country. 10 Separated children may, nevertheless, be accompanied by other relatives. See § 2.8.1 – General Considerations relating to Child Applicants. 11 Unaccompanied and separated children should complete the full RSD application form as well as the registration family tracing form designed for this group of children – see Annex 3.2 – Registration Form for Unaccompanied and Separated Children. They should also receive an individual registration interview. 81