Privacy and Confidentiality Form

Privacy and Confidentiality Policy

Purpose

The purpose of this Privacy & Confidentiality policy is to provide employees, board members, student placements and volunteers of Big Brothers Big Sisters of London and Area (BBBSOLA) with rules regarding the collection, use and disclosure of information that is under our control in order for our agency to protect an individual’s right to privacy of their confidential and personally identifiable information.

Eligibility

This policy applies to all staff, board members, student placements and volunteers (mentoring and non-mentoring). It applies to all agency records regardless of format (i.e. physical or electronic).

Definitions

“Confidential information” is any and all personal information and any document or correspondence that is implicitly or explicitly of a private or confidential nature (including decisions made in confidence, legal matters, and/or personal charitable donations).

“Personally identifiable information” is any recorded information about an identifiable individual. This can include:

• name, age, gender, ID number, address, telephone number;
• information relating to race, ethnic origin, sexual orientation, marital or family status;
• information relating to education and income;
• opinions, evaluations, comments, social status, and disciplinary actions; and
• employee files and medical records.

Policy

BBBSOLA respects and upholds an individual’s right to privacy and to protection of confidential and personally identifiable information. BBBSOLA is committed to ensuring compliance with applicable privacy legislation.

General Information

• BBBSOLA is accountable for information under our control related to staff, board members, student placements, volunteers (mentoring and non-mentoring), mentees and their families/caregivers, applicants and donors. BBBSOLA has appointed a Privacy Officer who is responsible for the administration and compliance of this policy.
• Staff, board members, student placements and volunteers (mentoring and non-mentoring) who have access to confidential and personally identifiable information are required to acknowledge by way of signature that they have read and understood this policy as part of their involvement with BBBSOLA.
• Failure to follow this policy may result in disciplinary action up to and including termination or legal action.
• Contractual agreements, where applicable, will include clauses to protect the transfer and use of confidential and personally identifiable information to third parties.
• Physical security safeguards will be established and adhered to. For example, paper documents with confidential and personally identifiable information will be stored in locked filing cabinets/desks/storage units.
• Electronic security safeguards will be established and adhered to in accordance with the Use of Technology policy.
• Case file records will be accessible only to service delivery staff/students and personnel authorized by the Executive Director. Further details with respect to case file management are found in the Case Files Maintenance and Storage policy.
• Any information regarding a mentee and their family/caregiver or mentor must be kept in strict confidence. Case file information will not be accessed unless the information is necessary to carry out required job responsibilities or as required by law.
• Confidential and personally identifiable information from BBBSOLA will not be used to advance any personal interest, financial or otherwise.
• BBBSOLA will make information about its policies and practices related to confidential and personally identifiable information readily available on request.
• If any amendments to this policy affect how BBBSOLA uses or discloses confidential and personally identifiable information already held by BBBSOLA in a material way, consent will be obtained or as required by law.

Collection and Use of Personally Identifiable Information

Identifying Purposes for Collection and Use

BBBSOLA collects and uses personally identifiable information about staff, board members, volunteers (mentoring and non-mentoring), student placements, mentees and their families/caregivers, applicants and donors for purposes authorized or required by applicable legislation, as well as the following:

• Assessing client needs and providing those needs;
• Determining eligibility and continuing suitability for:
  • Volunteer participation;
  • Employment within the agency;
  • Mentor and mentee participation;
• Development and implementation of programming; and
• Fundraising (further information with respect to donor privacy rights are found in the Fund Development policy).

BBBSOLA will limit collection and use of personally identifiable information to what is reasonably and necessary for the identified purpose(s).

Consent

Consent is required for the collection of personally identifiable information. Consent may be expressed in writing or implied or may be given to us verbally, electronically, or through an authorized representative. BBBSOLA will make every reasonable effort to ensure that the individual is advised of the purpose for which the information will be used. Individuals may withdraw permission to collect, use and disclose their personally identifiable information at any time subject to legal and contractual restrictions and reasonable notice by contacting the Privacy Officer.

Retention

BBBSOLA retains information related to employees, student placements and non-mentoring volunteers for the applicable legislative requirements. BBBSOLA retains information related to mentoring volunteers for 75 years in accordance with our National Standards. .

Accuracy

Personally identifiable information shall be as accurate, complete and up-to-date as is necessary for purposes to which it is to be used. Personally identifiable information can be updated as required by contacting the Privacy Officer.

Disclosure of Personally Identifiable Information

Personally identifiable information will not be disclosed to any person without the prior written consent of the person whose information is being protected. The only instances where prior written consent is not required are:

1. Where the safety of a child depends upon the disclosure of this information. This could include suspicion of neglect or abuse of a child. The proper authorities will be informed when necessary. This could result in the disclosure of personally identifiable information without written consent from the person to Big Brothers Big Sisters of Canada’s insurers and or legal counsel, as may be appropriate in connection with any legal proceeding or inquiry. (Further particulars are found in the Child Protection policy.When subpoenaed or otherwise ordered by the courts;
2. When subpoenaed or otherwise ordered by the courts;
3. Where required by law;
4. During periodic agency accreditation/quality assurance reviews, where representatives of Big Brothers Big Sisters of Canada are authorized to review files.
5. As otherwise approved by the Executive Director or Board Chair (such approvals will be limited to lawful disclosures).

• Any disclosure of confidential or personally identifiable information for teaching/research purposes (i.e. case studies) or for other academic purposes must be authorized by the Executive Director or designate.

Where such disclosure is authorized:

1. the recipient of the information is required to complete a confidentiality agreement which sets the specified, authorized purpose of the disclosure and that any use of the information must be only for that specified and authorized purpose; and
2. the information must be anonymized to remove all identifying information/data.

• Any employee, student placement or volunteer (including former) who makes a request to BBBSOLA to disclose personally identifiable information to a third party for purposes such as a reference check or a credit check must complete a Consent to Disclose Personal Information form. Requests by an employee, student placement or non-mentoring volunteer will be directed to a member of the management team, or designate. Requests by a mentoring volunteer may be directed to the appropriate service delivery staff person. BBBSOLA will only disclose the type of information that the individual making the request has agreed upon as indicated on the consent form. With regards to storing the consent, BBBSOLA will adhere to the following procedures:

1. For employees, student placements and non-mentoring volunteers, we will store an electronic copy of the consent form in the G drive.
2. For mentoring volunteers, we will store their consent form in our Service Delivery Platform (SDP) by attaching it to the screening task “Other.”
3. When it is not possible to retain a consent form, the consent will be documented in a written note/case note and stored as above.

Compliance and Access

An individual can request access to his or her personal information under the control of BBBSOLA, through the Privacy Officer. If access cannot be provided, that individual will be notified in writing by the Privacy Officer of the reason for the refusal. If an individual challenges the accuracy of their information in a case note, staff must document what the individual thought should be changed, but the records will not be altered. If, however, an individual challenges the accuracy of their profile information (e.g. birth date) and produces documentation proving the information is inaccurate or no longer accurate (e.g. name change), the records will be altered. A note of the change and the reason for the change will also be documented.

An individual may direct any questions or concerns regarding compliance with this policy or complaints to the Privacy Officer at BBBSOLA at (519) 438-7065 or by email at janet.tufts@bigbrothersbigsisters.ca.