Burnett Respite Services
Confidentiality and Non-Disclosure Policy
Confidentiality and Non-Disclosure Policy
This is a Controlled Document
Document Information and Revision History
Original Ratification
11 April 2006
Original Author/s
Peter Cullen
Revision History
Revision No.
Date
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April 2009
11 June 2011
11 June 2011
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3
Author/s
P. Cullen
P. Cullen
P. Cullen
Notes
Review of all Policies
Addition of Definitions and Principles
Review and Ratification of all Policies
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Burnett Respite Services
Confidentiality and Non-Disclosure Policy
Confidentiality and Non-disclosure
1.0
Confidentiality
1.1
Definition
For the purposes of this policy, ‘confidential information’ includes, but is not limited to,
information concerning the Organisation’s business affairs, secrets, business opportunities,
property, customers, clients or other employees of the Organisation. Please refer to clause 1.4
below for a more exhaustive list of information
considered ‘confidential.
1.2
1.3
Objectives of this policy
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To ensure the protection of the Organisation’s confidential information and trade secrets.
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establish the organisation’s approach to ensuring the confidentiality of information provided
to the organisation by service users, carers, staff and others;
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inform staff, volunteers and Board of Management members of their responsibilities with
regards to confidentiality;
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inform members of the public, service users and carers about the organisation’s
confidentiality obligations and how it intends to meet them.
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To ensure sensitive information is accorded the appropriate level of security.
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To ensure non-disclosure remains the cornerstone of our policy with regard to restricted
information.
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To ensure the rules relating to confidentiality and non-disclosure are applied consistently
across the business.
Responsibilities:
The Board of Management is responsible for:
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Monitoring and reviewing all organisational policies and procedures; and
Auditing compliance with policy provisions, record keeping and training.
The General Manager is responsible for:
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Providing advice and support to staff, service users and family/carers; and
Ensuring any incidents in relation to this policy are responded to with regard to this policy
and the rights of people with a disability.
All Staff are responsible for:
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Adhering to all policies and procedures of the organisation; and
Ensuring they are fully aware of and understand their obligations in relation to this policy.
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Burnett Respite Services
Confidentiality and Non-Disclosure Policy
1.4
Policy
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1.5
Respect for confidentiality is an essential requirement for the development and preservation
of trust.
Burnett Respite Services Inc. recognises confidentiality as a major underlying principle within
the delivery of services.
Employees must not publish or disclose any confidential information or knowledge which they
have acquired during their employment with the Organisation concerning the Organisation’s
business affairs, secrets, business opportunities, property, customers, clients or other
employees of the Organisation. These restrictions apply both during and after termination of
employment.
Depending on their position, employees may be required to sign a non-disclosure agreement
as a condition of employment. Employees who improperly use or disclose trade secrets or
confidential business information will be subject to disciplinary action, up to and including
termination of employment and legal action, even where they do not personally benefit,
directly or indirectly from the disclosure.
This policy will be viewed in line with the Privacy Amendment (Private Sector) Act 2000.
Definitions and Principles
Confidentiality.
“Confidentiality” can be defined as “when information is given or received in confidence for a
particular purpose, it may only be used for that purpose and only passed to any other person or
organisation with the informed consent of the person providing the information”.
Strict adherence to this principle however, may however, at times be detrimental to the person
providing the information or to some other person. In the case of child protection, the overriding
principle is the safety of the child. Where anyone holds information relevant to the protection of a
child must share that information with others in a controlled manner.
The following principles should be adhered to in all cases where the appropriate use of personal
information is being considered:
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all information collected must conform to the Privacy Amendment (Private Sector) Act
2000;
all information is reviewed at intervals of at least two years;
all information provided by or about service users will be treated as confidential and only
disclosed with the person’s informed permission, or where there is a duty to pass the
information on;
only those persons who need access to confidential information should have access, and
they should only have access to information they need to see; and
action should be taken to ensure staff responsible for the collection, recording, storing,
handling and use of confidential information are aware of their responsibility to respect
confidentiality.
Informed Consent.
Informed consent is a process which is not simply the signing of a form. Information must be
presented in such a way as to enable a person to decide whether or not they wish information
regarding himself or herself, or someone they care for to be passed to a third party.
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Burnett Respite Services
Confidentiality and Non-Disclosure Policy
The procedures used to obtain informed consent should be designed to inform the person in terms
that they can understand. Therefore, informed consent language and its documentation (especially
explanation of the reasons for the use of the information) must be in “lay language” which is
understandable to the person being asked to give his or her consent.
1.6
Parameters:
Confidential information includes, but is not limited to, the following examples:
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1.7
Business and strategic plans
Information received within the workplace which is not for general distribution.
Intellectual knowledge
Compensation data
Computer processes
Computer programs and codes
Customer lists
Customer preferences
Financial information
Marketing strategies
New materials research
Pending projects and proposals
Proprietary production processes
Research and development strategies
Scientific data
Scientific formulae
Scientific prototypes
Technological data
Technological prototypes
Personal information held on employee files
Further information
Any employee who requires further information about this policy should contact any member of
the Management Team
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