Applicants with mental health conditions or intellectual disabilities, who do not adequately understand
the RSD process and procedures and the ensuing rights and obligations, may not always be able to consent
to the disclosure of personal data or other information relating to or provided by them. In such cases, the
decision to disclose, or not to disclose the information should take into account the Applicant’s will and
preferences and may be taken on another legitimate basis as set out above and in the section below (for
further guidance on confidentiality of UNHCR procedures and data protection in this context, see also §
2.9 – Applicants with Mental Health Conditions or Intellectual Disabilities).
(b) Without the Applicant’s consent
In the absence of consent (e.g. because the Applicant cannot be reached or is unable to provide consent)
the decision to disclose, or not to disclose information relating to the Applicant may be taken on another
legitimate basis, for instance the vital or best interest of the individual concerned or to enable UNHCR to
carry out its mandate. In such circumstances, the benefits of disclosure must be carefully weighed against
the individual’s expectation of confidentiality, as well as against any protection risks that may arise as a
result of the disclosure. Where possible, the individual should still be informed of the reasons and scope
and nature of the personal data disclosed to ensure fairness and transparency of the process, provided
that such information does not compromise the safety and security of persons of concern to UNHCR or
that of other individuals, or that information does not obstruct the very purpose of disclosure. Disclosure
without the required consent should be subject to the approval of the Protection staff member designated
under established data protection procedures in the UNHCR Office and, in appropriate cases, the advice
of the Data Protection Officer in DIP may be sought, in accordance with UNHCR’s data protection policy
and guidance.
2.1.3 Disclosure to Individual Asylum-Seekers and Refugees and Other
Rights relating to Personal Data in the Context of RSD Procedures
Asylum-seekers and refugees have a right to access their personal data or other information on their file.
Such right is subject to limitations as set out in this section. Individuals who seek information from their
own UNHCR file, should be permitted to receive originals or copies of all documents they provided to
UNHCR, or of which they are the source. These include, but are not limited to, originals or copies of their
passports, identity documents, marriage or birth certificates, education records, photos, medical records,
or any documentary evidence of activities or incidents in the country of origin.
Disclosure of documents generated by UNHCR or from a source other than the individual concerned,
such as interview records, RSD assessments, or notes on file, require the approval of the Protection
staff member designated under the established procedures in the UNHCR Office, generally, the RSD
Supervisor.
While UNHCR Offices are encouraged to ensure the highest degree of transparency towards asylumseekers and refugees, access to such information is discretionary and may be denied or restricted in
instances where disclosure may negatively impact (i) the safety and security of UNHCR staff or the staff
of its partners, or (ii) the overriding operational needs and priorities of UNHCR in pursuing its mandate.
For instance, UNHCR Offices may deny disclosure of information on individual RSD files, in full or in part,
in instances where disclosure could jeopardize:
the integrity of UNHCR RSD procedures;
the safety and security of UNHCR staff and third persons, including partner staff, family members
and persons associated with the individual asylum-seeker or refugee;
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Procedural Standards for RSD under UNHCR’s Mandate