Wherever possible, disclosure to host country/country of asylum authorities should be subject to
information sharing arrangements, which should include appropriate undertakings to respect the
confidentiality of the information received. Applicants should be informed of information sharing
arrangements, such as Data Transfer Agreements, with the host country/country of asylum authorities.
Unit 2: General Issues
In the context of onward movement, where the asylum or immigration authorities of the host country/
country of asylum are requesting confirmation that a person of concern has been registered with UNHCR
or has been recognised as a mandate refugee in another country prior to arrival, UNHCR should seek
the consent of the individual concerned prior to disclosing any information. Such requests are generally
dealt with through the intermediary of the UNHCR Office in the country where the individual is located
at the time of the request (In the absence of the Applicant’s consent, see § 2.1.2 (b)). As a general rule,
the UNHCR Office should only share the basic bio data of the individual POC and his/her legal status/
outcome of the final RSD decision. UNHCR should cooperate with such requests as far as it is in line with
its protection mandate. Where it is assessed that disclosure of information relating to persons of concern
increases the risk of refoulement or other human rights violations, UNHCR must decline to cooperate
with such requests with reference to its mandate. Any transfer of information beyond the basic bio data
(and/or legal status/outcome of final RSD decision), such as summaries of the claim and assessment or
interview records, is subject to the written consent of the individual concerned and the operational
priorities and effective functioning of the UNHCR Office in question.
2.1.5 Disclosure to Country of Origin Authorities and Non-State Entities
Refugees and asylum-seekers may be exposed to serious risk of harm if their personal data or other
information regarding them, including the fact that they have registered with UNHCR, is brought to
the attention of authorities or non-State actors in their country of origin. As such, UNHCR, as well as its
partners and other actors involved in providing services and assistance to asylum-seekers and refugees
under agreement with UNHCR, should generally not share any personal data or other information by
which individual asylum-seekers or refugees, or their family members, could be identified.
Where an Applicant makes both a refugee and a statelessness claim, his/her identity or other personal
data should not be disclosed to the authorities of the country of origin/previous habitual residence
for the purposes of determining the statelessness claim. Where enquiries with the authorities of the
Applicant’s country of origin/previous habitual residence could compromise the confidentiality of the
RSD procedures, determination of the statelessness claim should be suspended.14
Where communication of personal data of persons of concern to UNHCR to the authorities of the country
of origin is appropriate, the free and informed consent of the individual in question is generally required
(see § 2.1.2 – General Criteria for Disclosure of Personal Data and Other Information on Individual RSD Files).
Where necessary, advice regarding the appropriateness of sharing information with the authorities of the
country of origin may be sought from the Data Protection Officer in DIP, in accordance with UNHCR’s
data protection policy and guidance.
14
The determination of the statelessness claim may resume if it can be assessed without contacting the authorities
in the country of origin or in case of a final negative RSD decision.
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