Confidentiality Policy

Purpose of the Policy

The purpose of this policy is to introduce the concept of confidentiality and to set out Mediation Buckinghamshire’s (MB) (trading as Alternatives to Conflict) policy for all employees/volunteers and trustees.
The data covered by this confidentiality policy includes:

• information about MB organisation, for example, its plans or finances
• information about other organisations
• information about individuals, for example, the people who use our service our staff and volunteers whether recorded electronically or in paper form

Policy Definition

MB staff, volunteers and suppliers will often be entrusted with personal or other information given to them in confidence by a person who uses our service. In addition, MB will work closely with many other organisations and may have access to information provided by those organisations under confidentiality agreements.
Information sharing is fundamental to MB services and fundraising activities. As a charity we publicise some of our information to promote our aims, both within our organisation, and to the general public. It is important to recognise the need to disclose information legitimately.
MB Trustee Board, staff, volunteers, and suppliers must respect the need for confidentiality of information held about anyone who comes into contact with the charity, and about any charity business. This is expected to continue even when contact has ceased with this person, and when the Trustee, staff member, volunteer or supplier no longer works for MB.
We must ensure that information given in trust by the people who use our service, our staff, volunteers, suppliers and other organisations is treated with respect. We also have a duty under the Data Protection Act 1998 and in the GDPR, to personal data as defined in MB Data Protection Policy.
This policy should be read in conjunction with MB’s:

• Data Protection Policy
• Privacy Policy
• Safeguarding Policies
• Staff Handbook – Confidentiality

Scope

This policy applies to MB Trustee Board, staff, volunteers and suppliers.

Guiding Principles

MB is committed to the following confidentiality principles:

• to look after our own information, and the information of the individual or partner organisation
• to only gather information that is relevant and necessary to the provision of the services and to the wellbeing and safety of the individual
• ensure that individuals and organisations are aware of how their information will be used
• to respect the individual’s right to privacy
• to conform to confidentiality agreements where they exist
• to allow individuals to decide, where appropriate, whether their information can be disclosed or used in particular ways

Responsibilities

MB Trustees will approve this policy and review it on a regular basis. The policy will also be reviewed in response to changes in relevant legislation, contractual arrangements, good practice or in response to an identified failing in its effectiveness.
MB staff, volunteers and suppliers must sign an agreement indicating their agreement to adhere to this policy and shall be aware of their obligations in their daily work practice.

Limits to Confidentiality

In certain circumstances MB reserves the right to break confidentiality should this be
deemed necessary. These circumstances include:

• if a member of staff believes that a person could cause danger to themselves or to others.
• if a member of staff suspects abuse or has knowledge of abuse
• if the person gives information which indicates that a crime has been committed
• if disclosure is required by law, for example, by the police
• if a person is felt to lack the mental capacity to make a decision. In such cases staff or volunteers will discuss with a manager and they will only act in that person’s best interest
• if the person gives information which indicates a possible terrorist threat

The decision on whether to break confidentiality will be decided on a case by case basis and always in conjunction with a manager.

Information about Individuals

MB is committed to ensuring confidential services to all individuals. The confidentiality is between the individual and the organisation (MB), and is not between the employees and the volunteers delivering a particular service.
Personal data or other information will not be sought from a person who uses our service unless expressly in the interests of that person, i.e. to enable a better service delivery.
Personal data or other information will only be passed to another agency or to other individuals outside of MB with the consent of the person, either written or verbal. If a member of staff, volunteer or supplier intends to get information from another agency to help the person or to refer them to another agency then this must be explained to the person and their permission given and recorded.
No personal data or information about Trustees, staff, volunteers or people who use our services will be given to any third party including a member of their family, without their consent. Information will only be divulged on a “need to know” basis.
Personal data and other information will be treated in confidence and will not be divulged to anyone outside the organisation except where extenuating circumstances exist (see below). However, in order that we can provide the best possible help to the people who use our service it may be necessary to share personal data and information with a manager or colleagues within MB.
In no circumstances should details of an individual be discussed by anyone outside of the organisation or in an open plan area in such a manner that it is possible to identify the individual.

Use of Information for Publicity, Reporting or Training Purposes

MB does need to be able to give information/provide reports where appropriate about the impact of our services. Particularly if we are working in partnership with or have received funding from organisation for the provision of services. Where appropriate we will ensure we have established protocols and information sharing agreements in place that ensure we only share necessary information and that
people using the service are informed about the information we need to share.
If the service has outcomes which would provide useful material for publicity, reporting or training purposes, then wherever possible the permission of the individual will be sought in writing before the story is told to anyone else. If permission cannot be obtained, then any details that would enable identification of that individual will be changed.

Implementation

In implementing this policy we will:

• ensure that personal data and other information is protected by implementation of appropriate technical and organisational measures to
• ensure a level of security appropriate to the risks of processing that data and information
• ensure that personal data and other information is protected through clarity about how it is to be stored and shared
• ensure that the boundaries of confidentiality are clear, and understood by MB Trustee Board, staff, volunteers, suppliers and other organisations
• ensure that MB complies with the Data Protection Act 1998 and the GDPR
• protect the best interests of MB, the people who use our service, volunteers and staff
• make explicit the responsibilities concerning confidentiality and security
• ensure the people who use our service are aware of MB responsibilities to protect personal data and confidential information.