2.1.4 Disclosure to Host Country / Country of Asylum Authorities
In operations where it conducts RSD, UNHCR is often required to share personal data of asylum-seekers
and refugees with the authorities of the host country/country of asylum for legitimate purposes, including,
but not limited to: identifying persons who are in need of protection as refugees, as well as persons
who are not eligible for international protection; carrying out national immigration formalities; issuing
personal documents, such as travel documents and documents necessary to prove identity and refugee
status, to obtain access to assistance and services, and/or to exercise basic rights; etc.
In principle, the information shared by UNHCR should be limited to basic biographical data (bio data)
and the outcome of final RSD decisions (see § 6.3 – Notification of RSD Decisions to Third Parties), as such
information is generally sufficient for the legitimate purposes mentioned above.13 Applicants should be
informed as soon as practicable and prior to disclosure that their basic bio data and/or the legal status/
outcome of final RSD decision will be shared with the authorities of the host country/country of asylum.
Where UNHCR Offices systematically share this type of information with the authorities of the host
country/country of asylum, Applicants should be notified of this prior to or, at the latest, at the time of
registration.
Information other than the basic bio data and legal status/outcome of final RSD decisions for persons
of concern should only be shared with the host country/country of asylum authorities on a case-bycase basis and with the consent of the individual concerned, unless otherwise provided for in this Unit
or under UNHCR data protection policy and guidance. For instance, in certain circumstances, it may
be appropriate for the UNHCR Office to disclose information to national law enforcement agencies
in accordance with UNHCR’s data protection policy and guidance § 2.1.6 – Disclosure to National and
International Law Enforcement, Courts or Tribunals and Other International Bodies below. In all such cases,
these interests must be balanced against the right of the concerned individual to privacy, including the
principle of confidentiality of UNHCR procedures. Any decision to disclose such information will need
to be made in accordance with UNHCR’s data protection policy and guidance (for further guidance on
confidentiality in the context of RSD procedures raising exclusion concerns, see § 4.9.7 – Confidentiality in
Exclusion Cases).
Where UNHCR Offices conduct RSD on behalf of authorities in the host country/country of asylum,
or where responsibilities for undertaking RSD functions are being transferred from UNHCR to host
country/country of asylum authorities, it may be appropriate to share some information relating to the
substance of individual refugee status claims. In such instances, UNHCR may disclose edited summaries
of RSD Interviews and RSD Assessments, but should, as a general rule, not disclose the entire RSD file. In
all cases, the nature and scope of the information shared with host country/country of asylum authorities
should be informed by the purpose for which the information is required. The general conditions for
disclosure set out above in § 2.1.2 – General Criteria for Disclosure of Personal Data and Other Information
on RSD Files are relevant and should guide decisions regarding disclosure of information to host country/
country of asylum authorities.
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Systematic sharing of basic bio data and legal status/outcome of final RSD decisions of persons of concerns to
UNHCR is generally subject to a Data Transfer Agreement with the government of the host country. The sharing
of basic bio data and the outcome of final RSD decisions may be done without the Applicant’s consent if necessary
to enable UNHCR to carry out its mandate in the host country/country of asylum. Applicants should, however, be
informed of this at the earliest opportunity in the RSD process in accordance with the principles set out in § 2.1.2
– General Criteria for Disclosure of Personal Data and Other Information on RSD Files.
Procedural Standards for RSD under UNHCR’s Mandate