LEAP staff are bound by a duty of confidentiality to those using its services.  LEAP aims to protect rigorously the confidentiality of all those using its services.  All practical steps will be taken, through staff training and the provision of administrative arrangements, to prevent the inappropriate disclosure of any information relating to a tenant or other service user. Breaches of confidentiality will be regarded as a disciplinary matter.

LEAP has a clearly written procedure relating to confidentiality and access to all records and information on tenants, whether oral, written or computerised. It includes a section on the Data Protection Act 1984 and its implications for local operations. The procedure refer to the complaints procedure which can be used in the event of a breach of confidentiality.

The maintenance of adequate safeguards in record-keeping and adherence to the confidentiality procedures must be monitored carefully. Any breaches of confidentiality leading to a formal complaint by a tenant must be reported by the Team Leader to the Project Manager, and the project management committee.

Procedures

The procedure must follow the guidance below:

Staff should avoid casual conversations concerning service users' or staffs personal circumstances. Confidential discussions concerning service users' or staff should take place in private.

No information concerning service users' or staff should be disclosed to any outside agencies without the consent of the individuals concerned:  In exceptional circumstances, approval for disclosing information should be obtained from the line manager.

Only information which is accurate, relevant and appropriate should be kept on file. This file must be made available to the individual concerned so that any inaccuracies can be corrected. (There may be a few specific exceptions to this; for example, where information about or from a third party is subject to legal privilege).

Service users' must be made aware that any information given to a staff member will be shared with the team.

LEAP’s first duty is to protect the safety and well being of the community.  There will be occasions when information on service users', which has been considered confidential, needs to be disclosed to another party, such as the police or a social services department in order to ensure this. In most cases, it will be obvious when information should be disclosed. Staff should discuss less obvious situations with their line manager.

LEAP has a commitment to open records. It is the service users right to see his or her personal file, so long as prior notice is given and any documents confidential to third parties are omitted.

Storage of information

Confidential records, files or any other information relating to service users' should always be stored in a secure place. The law states that recorded, identifiable information may only be stored for five years (and seven years for financial records). LEAP should hold service users' personal records for a minimum of two years and no longer than five years after the last contact with that service user. Manual records should be shredded and computerised records should be completely erased.

The Data Protection Act 1984 aims to protect individuals from the potential misuse of personal data held in computer systems. The Act regulates the use of automatically processed information relating to individuals and the provision of services in respect of such information. It contains 8 data protection principles which people who deal with automatically-processed personal data must observe. These state that personal data shall:

Both employees and employers are now legally responsible for compliance with the Act and may face prosecution or fines for knowingly or recklessly disregarding its requirements.  Any confidentiality procedure must take into account these eight principles.

HIV status

Disclosure of a service users HIV status to a specific worker must be treated as confidential.

Information should not be stored on file or in any form accessible to other staff or service users without the express consent of the service users.

No information should be disclosed to third parties without first seeking the permission of the service user.

Any staff member who is supporting a service user who is HIV positive should have access to expert information on HIV and AIDS. It may be appropriate to use an external consultant for this purpose. Any consultant should be available to provide expert advice and additional support to the staff member, while maintaining confidentiality.