Unit 5, Yeovil Small Business Centre, Houndstone Business Park, YEOVIL, Somerset, BA22 8WA. Telephone 01935 475914 Fax 01935 477366 E-mail: samhealy@ssvca.org.uk South Somerset Association for Voluntary & Community Action Ltd. Confidentiality policy SSVCA recognises that colleagues (employees, volunteers, trustees, contract workers) gain information about individuals and organisations during the course of their work or activities that may be of a private or confidential nature. In most cases such information will not be stated as confidential and colleagues may have to exercise common sense and discretion in identifying whether such information is expected to be kept confidential. This policy aims to give guidance but if in doubt, you seek advice from your line manager or the Chief Officer. 1. 2. General principles 1.1. Colleagues may share relevant information within the organisation in order to carry out their work and provide services to individuals or organisations. 1.2. Colleagues will take every care to protect private or confidential information known or held. 1.3. Colleagues will take care not to reveal confidential information about organisations or individuals when in social settings. 1.4. Colleagues will not disclose to anyone outside SSVCA any information considered sensitive, personal, financial or private without the knowledge or consent of the individual (or an officer, in the case of an organisation) except where there is a legal duty to do so. 1.5. Where there is a legal duty on SSVCA to disclose confidential information, the person affected will be informed that disclosure has or will be made. Access to information about service users 2.1. Information about service users is confidential to SSVCA as an organisation but may be passed on to colleagues, line managers or trustees within SSVCA to ensure the best quality of service for users. 2.2. Users may have sight of SSVCA records held in their name or the name of their organisation. The request must be made in writing to the Chief Officer giving 14 days’ notice and be signed by the individual or, in the case of an organisation, by the Chair or Chief Officer. 2.3. When photocopying or working on documents containing personal or confidential information, colleagues must ensure they are not Registered as Charity No 1118417 Member of National Association for Voluntary and Community Action Company Limited by Guarantee No: 6014757 accidentally disclosed to other people. This also applies to information on computer screens. Such information should not be left on desks unattended. 2.4. 3. 4. 5. If information about service users is required by agencies such as funding bodies, this information should be provided in a form that does not allow the identification of individuals or organisations unless permission has been given by the individual or organisation concerned. Access to information about employees, contract workers, volunteers, trustees 3.1. Information is confidential to SSVCA as an organisation. 3.2. Employees may have sight of information held about them in their personnel records by giving 14 days’ notice in writing to the Chair of Trustees. 3.3. Contract workers and volunteers may have sight of information held about them via a request to the line manager of the section they work for. 3.4. Trustees may have sight of information held about them on request to the Chair of Trustees. Storing information 4.1. Sensitive, personal, financial or private information about service users must be kept in lockable cabinets and accessed by relevant personnel only. 4.2. Employees’ personnel information must be kept in lockable cabinets and accessed only by line managers, the administrator, the payroll Administrator and/or the Chief Officer. 4.3. Documents containing confidential information should be marked or headed ‘confidential’. 4.4. Files containing confidential information should be labelled ‘confidential’. 4.5. Computer files should be password protected. 4.6. In an emergency situation, the Chief Officer may authorise access to files by other people. Duty to disclose information 5.1. There is a legal duty to disclose specific information including: 5.1.1. Suspected child abuse, which will be reported to Childrens’ Services. Registered as Charity No 1118417 Member of National Association for Voluntary and Community Action Company Limited by Guarantee No: 6014757 5.1.2. Suspected drug trafficking, money laundering, acts of terrorism or treason which will be disclosed to the police. 5.2. 6. 7. In addition, if colleagues believe an illegal act has taken place or that a service user or colleague is at risk of harming themselves or others, they must report this to the Chief Officer who will report it to the appropriate authorities except in an emergency when the police should be informed immediately. In the latter case, a full report must be provided to the Chief Officer as soon as possible. Users/colleagues should be informed of this disclosure. Criminal Record Disclosures 6.1 SSVCA complies fully with the CRB Code of Practice (E File) regarding the correct handling, use, storage, retention and disposal of Criminal Record Disclosures and Disclosure information. 6.2 Disclosure information will always be kept separately from an applicant’s personnel file in secure storage with access limited to those who are entitled to see it as part of their duties. It is a criminal offence to pass this information to anyone who is not entitled to receive it. 6.3 Documents will be kept for 6 months and then destroyed by secure means. Photocopies will not be kept. However, SSVCA may keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken. Data Protection Act 7.1. Information about individuals, whether on computer or on paper, falls within the scope of the Data Protection Act and must comply with the following data protection principles. Personal data must be: 8. Obtained and processed fairly and lawfully. Held only for specified purposes. Adequate, relevant and not excessive. Accurate and up to date. Not kept longer than necessary. Processed in accordance with the Act. Kept secure and protected. Not transferred outside Europe. Breach of confidentiality 8.1. Employees who are dissatisfied with the conduct or actions of other colleagues or SSVCA should raise this with their line manager (using the grievance procedure if necessary). Registered as Charity No 1118417 Member of National Association for Voluntary and Community Action Company Limited by Guarantee No: 6014757 8.2. 9. Colleagues accessing unauthorised files or breaching confidentially may face disciplinary action. Ex-employees breaching confidentiality may face legal action. Whistle-blowing 9.1. Where a colleague has concerns about the use of SSVCA funds, he or she may refer directly to the Chair outside the usual grievance procedure. Registered as Charity No 1118417 Member of National Association for Voluntary and Community Action Company Limited by Guarantee No: 6014757