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Confidentiality

Background information

The principle of confidentiality underlies the whole asylum procedure. Many applicants come from countries in which there is no presumption that a government will guard the privacy of its citizens. Therefore, it may be difficult for some to understand the concept of ‘confidentiality’ (51). 

It is important that the applicant understands that confidentiality is guaranteed by the authorities: information provided by the applicant is not disclosed to any party beyond the competent authorities without the permission of the applicant (52). In practice, this means that data provided by the applicant is not shared with anyone who does not have the right to access it, that the case management system is ruled by appropriate data protection rules and that the facilities where the applicant is heard ensure adequate privacy.

(51) EASO, Practical Guide: Personal interview, December 2014, 2.4.4. ‘Information on confidentiality’.
(52) Article 48 APD (recast) ‘Confidentiality’: ‘Member States shall ensure that authorities implementing this Directive are bound by the confidentiality principle as defined in national law, in relation to any information they obtain in the course of their work.’

Explain these messages to the applicant during the first contact (making), registration/lodging and personal interview: 

  • Authorities treat all data given by the applicant with utmost confidentiality. This means that data is not shared outside the authority without the consent of the applicant.
  • Data given by the applicant is under no circumstances shared with authorities in the country of origin.

Explain these additional messages to the applicant during the registration/lodging and personal interview:

  • The principle of confidentiality also applies to how data is managed and stored.
  • Data provided by the applicant can be shared with other authorities under certain circumstances regulated by your national legislation. If relevant, certain data can additionally be shared with certain services (53) that provide assistance to the applicant. Explain to the applicant what is shared, with whom, why, and how (e.g. if the applicant’s consent is needed) in line with your national practice.
  • Data can be shared with the applicant’s legal representative, if applicable. 
  • If the applicant applied for asylum together with their family members, inform the applicant about the national practice on the use of the information in the family members’ applications.  This concerns all family members, including accompanied children. Generally, the examination will take into account all the reasons for applying for asylum stated by the applicant and their family members. It is important to encourage the applicant to indicate to the asylum authorities if there are any reasons for not sharing some information with their family members.

(53) For example, Article 29(1)(b) APD (recast) implies that Member States shall allow UNHCR ‘to have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, provided that the applicant agrees thereto’.

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Practical tip: providing information on confidentiality

  • If there is a camera in the room, explain to the applicant that the camera is in the room only for security reasons. Explain that the security personnel can only see through the camera but they cannot hear anything that is being said. 
  • Explain that the transcript (or recording, if relevant) of the interview is being taken for the purpose of the decision-making. Similarly, confidentiality is ensured by specific arrangements during the interview, such as separated interview rooms.
  • When interviewing applicants who belong to certain vulnerable groups, e.g. individuals who might have been subjected to THB, gender-related persecution or other forms of domestic violence, it could be advisable to repeat information regarding confidentiality during the course of the interview. This would also be important when there are indicators of previous abuse towards an applicant from relatives who are also in the process of applying for international protection or otherwise also present in the member state.
  • As the interview is conducted in the presence of an interpreter, explain that the interpreter is also bound by confidentiality. 
  • The interviewer should fully ensure that the applicant has understood the information about confidentiality by asking them. Provide the applicant with the opportunity to ask any follow-up questions about the information provided.