Where standard requirements for disclosure can be anticipated in advance (i.e. requests by resettlement
countries, international organizations, refugee serving agencies, implementing partners, host country/
country of asylum authorities, etc.), the prior free and informed consent of the individual concerned
should be obtained and recorded on the file. UNHCR Offices should take appropriate steps to ensure
that the recipient of the information has adequate procedures in place to safeguard the confidentiality of
information received in accordance with UNHCR’s data protection policy and guidance.
Personal data and other information relating to asylum-seekers and refugees should only be disclosed to
third parties if each of the following conditions for disclosure are met:
STANDARDS & GUIDELINES
CONDITIONS FOR DISCLOSURE OF PERSONAL DATA AND OTHER INFORMATION
FROM RSD FILES
As a matter of principle, disclosure of personal data and other information from RSD files requires
consent by the applicant concerned. Consent requires that the applicant has been duly informed of
the purpose and the recipient of and that he or she has freely given his or her indication of agreement
to the disclosure. In the absence of consent, other legitimate bases may justify the disclosure of
personal data in line with the Data Protection Policy;
Disclosure is required for a specified purpose and the type and extent of the information disclosed is
necessary and proportionate to the purpose(s) for which it is being disclosed;
Disclosure does not jeopardize the security of or give rise to other protection risks for the individual
concerned, his/her family members, or other persons with whom the individual is associated;
Disclosure does not compromise the security of UNHCR staff or third persons;
Disclosure is consistent with UNHCR’s international protection mandate, including its humanitarian
and non-political character, and does not undermine the effective performance by UNHCR of its
duties or the trust and confidence in UNHCR on the part of persons of concern;
The personal data and other confidential information is transferred through secure means, as
recommended under UNHCR’s data protection policy and guidance;
The recipient of the information undertakes to respect the confidentiality of the information, for
instance through a contractual arrangement, and has adequate measures in place to safeguard the
confidentiality of the information/protection of personal data; and
Disclosure of personal data or other confidential information relating to asylum-seekers or refugees
to national and international law enforcement, tribunals or courts may only take place following
consultation with DIP and LAS in Headquarters, see § 2.1.6 – Disclosure to National and International
Law enforcement, Courts or Tribunals and Other International Bodies.
If any of the conditions referred to above are not met, UNHCR Offices should obtain the approval of
DIP before disclosing the information requested.
22
Procedural Standards for RSD under UNHCR’s Mandate