that registration and RSD interviews are conducted in a confidential setting, and measures to protect the
identity of Applicants at reception.5
Unit 2: General Issues
Applicants for RSD should be informed of the confidentiality of UNHCR’s procedures as well as their
rights relating to the processing of personal data (for further guidance on individual rights, see § 2.1.3 –
Disclosure to Individual Asylum-seekers and Refugees and Other Rights relating to Personal Data in the Context
of RSD Procedures).6 The requirements for the disclosure of personal data or other information provided
by or on their behalf, including information sharing agreements with host country/country of asylum
authorities or resettlement countries where applicable, should be explained to the Applicant as soon
as practicable (see § 2.1.4 – Disclosure to Host Country/Country of Asylum Authorities). Applicants should
also be advised that the UNHCR Offices may share personal data and other information provided by
them or on their behalf with other staff members in the UNHCR Office, or with UNHCR Headquarters
or other UNHCR Offices, as necessary and on a need-to-know basis (see, for instance, §§ 2.8.1 – General
Considerations relating to Child Applicants, 4.3.5 – Planning and Preparation for the RSD Interview and 4.4 –
Procedures for Review of RSD Decisions).
2.1.2 General Criteria for Disclosure of Personal Data and Other
Information on Individual RSD Files
Disclosure of information provided by or about asylum-seekers and refugees should be made in
accordance with applicable standards and procedures issued by DIP, including in particular the data
protection policy and guidance. Wherever necessary, UNHCR Offices should seek the guidance of DIP in
determining the appropriateness of disclosure of personal data and other confidential information from
individual UNHCR RSD files.
STANDARDS & GUIDELINES
PERSONAL DATA OR OTHER INFORMATION PROVIDED BY OR ON BEHALF
OF ASYLUM-SEEKERS AND REFUGEES MAY BE DISCLOSED ONLY IF ONE OR
SEVERAL OF THE FOLLOWING CONDITIONS (LEGITIMATE BASES) ARE MET:
with the individual’s consent;7
in his/her vital or best interests;
to enable UNHCR to carry out its mandate;8 and/or
to ensure the safety and security of persons of concern or other individuals.
5
See Unit 3 – Reception and Registration in RSD Operations and Unit 4 – Adjudication of Refugee Status Claims.
6
UNHCR data protection policy sets out the rights asylum-seekers and refugees have regarding their personal
data, as well as the restrictions and limitations to such rights.
7
For guidance on counselling regarding confidentiality of UNHCR RSD procedures at the beginning of the RSD
Interview see § 4.3.6 – Opening the RSD Interview.
8
For instance, UNHCR may share basic bio data and/or legal status of persons of concern with the authorities of
the host country/country of asylum on a systematic basis and pursuant to an established Data Sharing Agreement
in order to be able to carry out its mandate in the particular country. Under such circumstances, prior to, or at the
commencement of UNHCR’s registration process, prospective asylum-seekers should be informed that their bio
data and/or legal status will be shared with the authorities of the host country/country of asylum.
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