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Confidentiality

Introduction

The foundation for the School of Social Work policy on confidentiality is the B.C.A.S.W. Code of Ethics (1983). The particular motivation for this policy's development is derived from Section 6.3.1 of the Code. Workplace settings should have confidentiality policies which spell out clearly who does and does not have access to what kinds of information and why the information is needed, especially information of an identifying nature.

Policy
1. The School and student community shall take reasonable care to keep confidential all academic and personal information. Faculty, staff and students shall be held responsible for flagrant violations of confidentiality. Section 6 of the Code of Ethics states,
  
  "I will protect the confidentiality of all professionally acquired information. I will disclose such information only when properly authorized or obligated legally or professionally to do so."
2. Further to Section 6 of the Code, the disclosure of confidential information in social work practice and education involves the obligation to share information professionally with others in the workplace of the social worker/professor as part of a reasonable service to the student. Members of the school community recognize the need to obtain permission from students, staff and faculty before releasing information about them to sources outside the school community, and to inform them at the outset of their relationship that some information acquired may be shared with the officers and personnel of the University who maintain the records, and who have a reasonable need for the information in the performance of their duties.
3. Exceptions to this disclosure policy include the following situations:
  1. where legal, ethical or professional obligations require divulging the information.
  2. whenever a faculty instructor or academic advisor, in good faith is attempting to determine the nature of academic difficulties in efforts to resolve them. In normal circumstances this is done with the knowledge of the student.
  3. when the student is unavailable and/or an emergency situation arises.
4. Information of a confidential nature may surface in such situations as classroom discussions, student assignments, practicum seminars and faculty consultations. Section 8.8 of the Code obligates faculty and students to promote the adoption of policies and procedures concerning confidentiality guidelines for dealing with this material in a variety of settings. Within the academic institution, the faculty will notify students of the likelihood that aspects of their private lives may be revealed in the course of their work together, and will therefore require a commitment from each person to respect the privileged and confidential nature of the communication between participants, as outlined in Section 6.7.7 of the Code.
5. Each course instructor shall discuss the implications of bringing confidential information into course activities such as classroom discussions and assignments. In terms of disclosure, Section 6.7.12 requires confidential information when using it for teaching, public education, accountability and research purposes. Before presenting such material, prior consent and prior confirmation that the confidentiality of the presentation is understood and accepted by the audience must be obtained.
6. Items which, in the judgement of faculty may effect student performance in practicum, will be discussed with the student and may be shared with the agency.
7. In accordance with the principle of confidentiality, the School shall ensure that written personal information on students is contained in a secure location with limited access.
  1. Access to a student's file is limited to the student, staff and faculty members. All persons accessing a student's file shall record their name and date of access on the file. External access to information on a student's file, e.g., prospective employers, shall only be granted with the permission of the student.
  2. The student has the right and responsibility to read his/her own file periodically in the presence of a faculty member.
  3. Files of former students will only be accessed with the permission of the student. Personal student files may contain:
    - Academic information
    - Admission information
    - Practicum evaluations
    - Transcripts
    - Learning plans, etc., with the consent of the student
    - Legal, ethical and professional concerns related to student performance. (In such cases, the student shall be notified.)
  4. All file information is to be shared with students. However, any information that the writer has required to be kept confidential from students (such as third party references) shall be contained in a separate envelope inside the file. The file shall note when such information exists. The use of this mechanism is only as a last resort when faculty have been unable to obtain consent to share the information.
  5. Students shall have the right to record in their file, rebuttal or qualifying comments about information on file.
  6. Any disagreement by a student about information on file should be discussed with the faculty advisor. If there is not resolution, a formal grievance may be made to the director.
  7. Any disagreement by a student about information on file, or about any alleged breach of confidentiality may be appealed to the director.

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