General Policy Statement
1 Glo-active recognises and accepts that maintaining the confidentiality of certain information is necessary to maintain the integrity of the organisation.
2 Glo-active will therefore take all reasonable steps - and operate within the Data Protection Act 1998 and other relevant legislation - to prevent injury or distress to individuals or damage to the organisation by controlling access to information and clarifying the circumstances under which certain types of information may be disclosed to a third party.
3 Glo-active will initiate and maintain the necessary arrangements to ensure that this policy is implemented and monitored and will further ensure that this policy is kept up to date.
4 All Glo-active staff and volunteers in receipt of confidential information are required to co-operate in the implementation of this policy.
5 Day to day implementation of the Policy shall be the responsibility of the Managers of Glo-active
1 Introduction
1.1 The aims of this policy are:
a) To create a sense of awareness amongst staff and volunteers of the need to maintain confidentiality in relation to the organisation, its work and its clients and the potential implications should confidentiality be breached.
b) To identify the types of information considered confidential and the circumstances under which certain information may be disclosed, to whom and who should authorise such a disclosure.
c) To clarify whom has access to information, whether this is automatic or must be authorised and by whom and the arrangements for ensuring information is stored securely.
d) To identify the types of information held by the organisation, how it is used and why it is held.
e) To clarify the employees duties in relation to maintaining confidentiality, stated or implied.
f) To explain the procedure in relation to disclosure to the police, social services and others.
1.2 The policy will also define the penalties for any breach of confidentiality by a member of staff or volunteer.
2 Information
2.1 Due to the nature of its work Glo-active holds a range of information which may be broadly categorised thus:
a) Open access - information which may be freely distributed both inside and outside the organisation e.g. newsletters, publicity leaflets, annual reports and accounts, information booklets.
b) Limited access - information which may be circulated freely within the agency but which the Manager must authorise should there be a request from an external source e.g. constitution, policies and procedures.
c) Restricted access - information which may be considered sensitive and which should be stored securely, usually available for staff use only e.g. mailing lists; lists of staff, volunteers and clients names, addresses and contact numbers.
d) Secure access - information of a sensitive nature which must be stored securely and which is accessible to named individuals only e.g. Clients records, staff contracts, personnel files, references.
2.2 Information is stored in a variety of forms including card indexes, computer disks, paper-based files and booklets.
2.3 In the case of restricted or secure access information the material will be considered as falling within the provisions of the Data Protection Act 1984 or other relevant legislation whether it is on computer disc or hard copy and must be surrounded by proper security.
2.4 Information will be stored for only as long as it is needed or required to be statute and this will vary depending upon the type of information.
As a general guide:
a) Staff records should be kept for 5 years after the member of staff has left.
b) Volunteers and clients records should be kept for 5 years after involvement with the agency has ceased.
c) Financial records must be kept for a minimum of 7 years.
d) The Manager should be consulted about information not mentioned above.
NB Care shall be taken to ensure that stored information is accurate and up to date.
2.5 Information, which is current, should be checked and updated as frequently as necessary to maintain accuracy.
3 Duty to maintain Confidentiality
3.1 Legal obligations to maintain confidentiality may arise under the following circumstances:
a) Explicitly under a contract where parties agree not to disclose certain information or to use it for other purposes.
b) Implicitly under a contract e.g. in a contract of employment where it is implied that the employee will keep the employer's information confidential
c) In the line of professional duty e.g. information passed between doctor and patient, counsellor and client.
d) Under statute e.g. the Data Protection Act 1984 and other relevant legislation.
3.2 Social obligations to maintain confidentiality may arise from circumstances where information relating to an individual or member group is inadvertently gained and where the release or passing on of such information will form an embarrassment to the individual or member group.
3.3 A confidence is a responsibility. Always consider the implications if approached by anyone with a secret. If approached by a client/colleague/carer/volunteer with the words 'Can I tell you a secret….' do not just say 'yes'. The information may be such that you cannot keep it a secret, and this should be explained to the person before they tell you. You should inform them that it may be your duty to pass the information on.
4 Duty to Disclose
4.1 Although there is a duty to maintain confidentiality there are circumstances in which there is a duty to disclose information e.g.
a) A common law duty of care.
b) By statute (the obligation to report drug trafficking, money laundering, terrorist activity to the police).
c) Under a contractual obligation (where services are purchased from an organisation by a local authority and requires certain information to be provided).
4.2 Disclosure to Social Services
a) In relation to actual or suspected abuse the duty of care to the client overrides the duty of confidentiality. In such circumstances the Manager should be advised and the details recorded. In the absence of the Manager the matter should be reported to the General Manager or delegated person.
b) However Glo-active is committed to working in partnership with HCC Social Services and will follow its guidelines on 'Adults at Risk' and 'Responding to Alleged Sexual Abuse of Adults with a Learning Disability', refer to HCC booklets.
4.3 Disclosure to Parents or Carers
Organisations working with adults have no legal obligation to pass information to carers or family members.
4.4 Disclosure to Police
a) There is no legal obligation to disclose information to the police or allow access to the premises unless the police have a witness or search order. However, as a matter of policy Glo-active would seek to co-operate with and assist the police in their enquires as far as it is possible to do so.
b) Glo-active recognises that it is a criminal offence:
i) to deliberately mislead the police
ii) to receive payment of any kind for not notifying the police about a criminal act
iii) not to notify the police about any act which could be construed as drug trafficking.
4.5 Absence of Legal Duty
When there is no legal duty of confidentiality, Glo-active will not disclose any information about a client, their family, volunteer or member of staff without the consent or knowledge of the individual or individuals concerned.
5 Breach of Confidentiality
5.1 Breach of the confidentiality is viewed as a serious matter by Glo-active and all appropriate and reasonable steps will be taken to protect sensitive information. Within this, staff and volunteers will be required to signify their acceptance of confidentiality by signing a statement to this effect.
5.2 Members of the public or representatives of other organisations who feel there has been a breach of confidentiality should be instructed to follow the organisation's Complaints Procedure.
5.3 A member of staff or a volunteer within Glo-active who feels they have been the subject of a breach of confidentiality should follow the organisation's Grievance Procedure.
5.4 Members of staff who breach confidentiality or misuse information in such way as to bring the organisation (or other staff) into disrepute will be liable to disciplinary action which in serious cases could result in dismissal.
Glo-Active Confidentiality Policy
Young people often confide in Youth Workers and they should be made aware of the issues of confidentiality and limits to it.
1. Within the Organisation workers are encouraged to share information with Line Managers for their own protection. This is not a breach of confidentiality.
2. Discussion between worker and young person may lead to the possibility of referral to another agency. Such contacts must only be made with the express wish of the young person and their complete understanding of any implications.
3. Any disclosure of abuse cannot be treated with confidentiality, and the young person should be made aware, at an early stage, that anything divulged will have to be passed on (see Safeguarding Policy).
4. Personal files need to be seen as the young person’s property and must be kept secure.
The Policy of Confidentiality must be explained to anyone enquiring about the service offered, emphasised in publicity and acted upon at all times.
All workers, including volunteers, are required to accept this confidentiality policy and sign acceptance to this effect.
Procedure
Glo-Active expects that each member of staff will:
1. Regard all personal information as confidential
2. Keep all identifiable personal information in secure conditions when not actually being worked on
3. Take care not to use information supplied by an individual for one purpose for another purpose without their prior consent
4. Not disclose information without the young person’s consent subject to paragraphs 5 and 6 below
5. In accordance with the Data Protection Act 1984 and the Access to Personal Files Act 1987, individuals will have the right of access to personal information in all records, written or computerised, held by
Glo-active. Staff should make access possible on request. Where written information has been supplied by another agency, it should be made clear to that agency that the particular individual or group to whom it refers to will have access to their own files. If this is not in accordance with that agency’s own policy then the documents should be destroyed or returned.
6. Glo-Active staff should ensure that they reassure the confidant that personal information given to the organisation by a young person or by any other person either in conversation, on the telephone or in writing, will be treated confidentially with the normal limits listed below.
Information may be given in confidence to:
a) Glo-Active staff including administrative staff
b) Other agencies when undertaking joint work
c) Senior staff and external consultants in relation to their supervisory and support functions
d) Students and their tutors, when undertaking direct work with young people
e) Part time and volunteer staff when undertaking direct work with young people
There are circumstances in which the law, public interest, or personal health may override an individual’s rights to have information kept confidential. Disclosure of abuse against young people under 16 must be reported through the line manager to Social Services. If the young person is over 16 but under 18 staff may still consider it in the best interests of an individual to disclose information to the Social Services. If there is a risk to personal or public health, medical or other specialist advice may be sought as to the necessity and manner of disclosure.
When appropriate staff will refer young people to other agencies according to individual need. Staff will be trained to be aware of their limitations and know when to refer young people to an appropriate agency.
Signed: Hayley Huntley
Position in Company: Director
Dated: 18th October 2014
Signed: Lindsey Saysell
Position in Company: Director
Dated: 18th October 2014
Review Date: 18th October 2015
CONFIDENTIALITY AGREEMENT
Please sign and return to the Glo-active.
A copy of your signed form will be returned to you for your own records.
The original will be kept on file by Glo-active.
I have read and understood the responsibilities set out in the Glo-active Confidentiality Policy required of me as a Glo-active:
EMPLOYEE
VOLUNTEER
CONTRACTOR
I agree to abide by the policy throughout the duration of my involvement with
Glo-active.
SIGNED:
NAME:
DATE: