Confidentiality

Introduction

The fear of prejudice, discrimination and victimisation that may result from an HIV positive diagnosis makes it essential that staff members, volunteers and service users know Herts Aid’s arrangements for observing confidentiality and the procedures in the event of a breach of confidence.

Volunteers, service users and staff members are required to adhere to the Confidentiality Policy. This policy is not static, and will be revised to take account of changes in attitudes; this is especially relevant in areas with a low incidence of HIV infection.

Policy

Definition

For the purpose of this policy, confidential means secret to the people present at the disclosure of information.

Staff members , service users and volunteers at Herts Aid must respect that:

All Service users have the right to keep control of their own life and choices.

Confidential disclosures belong to the person making a disclosure.

People who are HIV positive have the right to decide whom to inform of their status, therefore:

Information will not be disclosed based on an interpretation of ‘who needs to know’ or someone’s ‘best interests’ on the grounds of:

Protecting someone

Obtaining treatment

Explaining health or behaviour problems.

Staff members and volunteer’s undertake:

• Not to disclose confidential information that may have been seen or heard through their association with Herts Aid.

• There will be no automatic sharing of confidential information within the organisation.

• To consult with, and obtain permission from the person disclosing, before information may be communicated to others. In any permitted disclosure of information the trust of the person disclosing will not be violated.

• This permission for restricted disclosure will always include clearly naming those to whom the information may be divulged Once information has been shared, it may be discussed by those to whom the confidence has been extended, but without violation of the trust of the person disclosing

• Any Sharing of information, which is confidential, between Herts Aid and other organisations shall only be done with the service member’s permission.

• Not to keep written personal records.

Service Users must undertake:

• Not to disclose any information regarding any other service user that they may have come into contact with through their association with Herts Aid.

• Not to publicly greet another service user outside of Herts Aid without prior permission of that service user, as this may lead to unintentional disclosure of status.

• Not to disclose meeting any other service user at Herts Aid events or services, as this may lead to unintentional disclosure of status.

Breaches of Confidence

Disclosure of status or information may have serious consequences for that person, and will be considered a disciplinary offence for staff and volunteers, and may lead to exclusion from Herts Aid services for services users. In the event of a breach of confidence, the person concerned will be told and involved in decisions.

Dealing with Difficulties

If you find you are having a problem keeping information confidential, or need some advice about how to handle an issue of confidentiality take the problem to your line manager or volunteer coordinator first. Service users should discuss any concerns with the HIV services coordinator.

If you are faced with a situation where you believe someone may cause serious harm to themself or another person, you must take the problem to your line manager immediately, do not decide what to do on your own. Serious harm includes child abuse, attacking someone and suicide.

There may be incidents where confidentiality could be compromised in situations involving child abuse or the protection of vulnerable adults. If Herts Aid feel that someone may be at risk of serious harm, they may find it necessary to discuss and disclose information with other bodies in order to resolve the situation or obtain the required help.

Legal implications

If someone suffers economic loss or physical harm or mental stress as a result of a breach of confidence, it would be possible for that person to claim damages.

CONFIDENTIALITY- PRACTICE AND STRATEGIES

Keep the number of people who know about the nature of your work to a minimum. Use non-communication strategies e.g. “I can’t answer that”.

Breaking confidentiality is unlikely to be of benefit to the HIV positive person, and sharing information may bring about an inappropriate response.

It may be possible to deduce someone’s HIV status from information you share. Anticipate situations which could compromise confidentiality:

Don’t name hospital wards where you are visiting

Do not say anything that might make it possible to trace a service user, e.g. ‘one of our clients from North Herts…..’

Check how a service user wants to be contacted or visited at home or in hospital and by whom and in what capacity.

Check if it is acceptable to greet someone in a public place, and if so how they would like to be greeted.

Check if it is acceptable for you to wear the red ribbon when visiting.

Do not discuss meeting someone at a Herts Aid event or service.

Confidentiality and Record Keeping

Do not keep written records with an indication of HIV status. This includes not recording names in diaries, on paper or on laptops or other portable equipment as these are often left in cars or in fairly public places.

Use first names or initials within the organisation and during supervision, also for messages.

Remember not to write names on expense claim forms or message pads.

Problems?

If you find you are having a problem keeping information confidential, or need some advice about how to handle an issue of confidentiality take the problem to your line manager first, or speak to the HIV services coordinator.

If you are faced with a situation where you believe someone may cause serious harm to their self or another person, you must take the problem to your line manager immediately, do not decide what to do on your own. Serious harm includes child abuse, attacking someone and suicide.

Updated June 2010