2.1.6 Disclosure to National and International Law Enforcement, Courts or Tribunals and Other International Bodies In some circumstances, UNHCR may share information relating to asylum-seekers and refugees to a national law enforcement agency or a national court either at the request of the law enforcement agency or court, or on UNHCR’s own initiative. The disclosed information may concern persons subject to an investigation for an alleged crime, or in relation to the victim(s) of or witness(es) to a crime. In addition to the conditions for disclosure set out in § 2.1.2 above, UNHCR may only cooperate with a request for information from a national law enforcement agency or national court if the following conditions are met. STANDARDS & GUIDELINES CONDITIONS FOR DISCLOSURE OF PERSONAL DATA TO NATIONAL LAW ENFORCEMENT AGENCIES AND COURTS: „ The disclosure of information is necessary for the purposes of the detection, prevention, investigation or prosecution of a serious criminal offence, in particular in order to avoid an immediate and substantial risk to the safety and security of an individual or the public; „ The requesting / recipient law enforcement agency or court is competent in relation to the detection, prevention, investigation or prosecution of the offence in question; „ The disclosure will substantially assist the law enforcement agency or court in the pursuit of these purposes and the personal data cannot otherwise be obtained from other sources; „ The disclosure does not disproportionately interfere with the right to privacy and other human rights of the person of concern in question or another person of concern; and „ In the case of information in relation to victims and witnesses, their consent to the transfer has been obtained. All requests received from national and international law enforcement agencies, courts or tribunals, and UN-mandated commissions of inquiry and similar international bodies for information about persons of concern to UNHCR must be referred to relevant functional sections in DIP, Legal Affairs Section and the relevant Regional Bureau for advice together with an initial assessment of the request. 2.1.7 Disclosure to Family Members Requests by family members for information about an asylum-seeker or refugee should be dealt with in accordance with the principles for disclosure of personal data and other information set out in § 2.1.2 above. In principle, disclosure should be subject to obtaining the consent of the individual about whom information is sought. If it is not possible to obtain the consent, UNHCR staff should determine whether disclosure of certain personal data is in the best interest of the individual concerned, which itself may be a legitimate basis for disclosure. The UNHCR Office will also need to carefully consider the reasons for the request for information by the family member. For instance, the request of a family member to receive information regarding the whereabouts and well-being of another family member may be legitimate for the purpose of reconnecting or reuniting with family members. The UNHCR Office should however carefully consider any age or gender issues, or any other information on the file of the individual concerned that would indicate that disclosure would not be in his/her best interest in a particular case. 28 Procedural Standards for RSD under UNHCR’s Mandate