ࡱ> @ [HbjbjFF "x,,A@(p0p0p080L0l(ӂ2l1l1"111111RTTTTTT$RWzxR211R2R2x11t5t5t5R211Rt5R2Rt5t5F}1`1 1R>3p0L3Z.T>0ӂц4ц((ц1"1t511v111xx((d$(^5((( B.H.S. POLICY DOCUMENT 4 CONFIDENTIALITY POLICY Includes 4.a PROCEDURE FOR CONFIDENTIAL REPORTING (WHISTLEBLOWING) Version 1.0 BARTON HILL SETTLEMENT CONFIDENTIALITY POLICY Aim of the policy The overriding principle in the application of the BHSs Confidentiality Policy is the duty to safeguard personal information with which the Settlement has been entrusted. Definition of confidential information Confidential information is data on individuals which is personal to them and by which they could be identified. Information regarded as confidential may be written or verbal, ranging from telephone conversations to employment and medical records. Categories of confidential information include: ( details by which a person can be identified eg name, residential private address, home telephone number ( personal details eg problems, emotional state, need for equipment or financial assistance ( financial information SCOPE of the policy 2.1 The policy applies to all staff, volunteers and committee members who may be collecting data on behalf of the organisation Personal data is confidential to the Barton Hill Settlement and held on trust. It should not be discussed outside the Settlement, nor unnecessarily in general conversation and must not be used by members of the Settlement for their own purposes. 3. General 3.1An individuals permission must be sought before their information details are passed on or used in any way, e.g. telephone numbers held on our records. The Settlement should record and observe any restriction. Individuals confidentiality and anonymity will be respected at all times, particularly if minuted. 3.2 All communications e.g. leaflets, publicity material, should contain a standard paragraph pointing out that persons details may be recorded for the Settlements future use and provide an option for individuals to withhold permission. 3.3 The identity of all callers requesting personal information should be carefully established, and the organisation they represent, if appropriate. If in doubt, the telephone number should be taken and a call made back. 3.4 If an individual wishes to see the information held on them, this should be made available within 30 days of receiving a written request. 3.5 All written records would consist of factual information, not subjective opinion and should contain the minimum amount of information, together with details of any action taken. To ensure effective communication throughout the organisation, individuals have been identified to whom enquiries should be referred, or who are available to answer specific enquiries. This information is available on a guidline sheet from Admin. Office. Responsibility. 4.1 The SBT and staff have joint responsibility for observing the Confidentiality Policy, but one Committee member should be selected to be responsible for overseeing all personal data held by the Settlement. This decision should be minuted. When the nominated person leaves or no longer wants the responsibility, ALL data must be handed on to another nominated member, and all data should be wiped from the outgoing individuals personal computer etc. Records regarding individuals whether volunteers or users, are to be kept only so long as that person is part of The Settlement. Unless the records have to be maintained for legal reasons, in which case the timescales may vary accordingly. Once they are no longer involved, the record should be destroyed/ shredded. The Settlement maintains financial records for seven years and five years for staff records. Requests e.g. from suppliers, for information regarding membership etc. should be referred to the officer with Data Protection responsibility. When not in use, records should be locked away e.g. in card index box, or should be password controlled if kept on computer. Passwords should be kept secure and regularly reviewed. Where staff keep detailed records of users, these should be with the users full knowledge, kept for personal use only and shredded when the user leaves or passed over to a new member of staff with permission of the user. If the work is in partnership with another agency, records can only be passed over with permission of the user. An individuals permission should be sought before they are mentioned in any publicity 5. Data Protection Act 1998 There are eight data protection principles. In summary they require that data shall be : Fairly and lawfully processed. Processed for limited purposes. Adequate, relevant and not excessive. Accurate. Not kept longer that necessary. Processed in accordance with the data subjects rights. Secure. Not transferred to countries outside the E.E.A* without adequate protection. * European Economic Area. Records which can be held To protect individuals: records both on paper and on computer systems or electronic typewriters should be kept to the minimum needed for the purpose in hand. Records should not be kept of any material which is not necessary for any longer than needed. If there is any doubt about the appropriateness of holding a particular form of information, advice should be sought from the Data Protection Compliance Officer for Barton Hill Settlement (first point of contact: Central Administration Officer, who reports to Settlement Senior Manager who has overall responsibility for our organisations Data Protection). In order to protect the personal information of an individual, permission must be sought from the individual before their personal information is held and the purpose for which is it being held must be explicit. 7. Access 7.1 Access to confidential information by staff must be restricted through passwords on computer systems and lockable cabinets for paper files. If volunteers are given access to personal information, they must sign a declaration saying that they understand that principles of the Data Protection Act 1998 and the procedures that need to be followed to comply with this Confidentiality Policy. 7.2 A specified post must have overall responsibility for access to a particular set of records. 7.3 Authorised staff must have their own passwords and keys which may not be passed to unauthorised individuals. 7.4 Journalists, researchers, companies and other interested individuals will not be given information on or access to any individual, unless the individual has given their consent. 7.5 Where information is supplied by third parties, the confidentiality code of the third party must be respected. When the Settlement has a formal partnership agreement or funding agreement with any other organisation, then the organisation must check their data protection policy and create a written mutual agreement to handle any shared personal data in line with principles of the Data Protection Act 1998 7.6 All participants in the work of the Settlement must respect the wishes of individuals with regard to whether or not they wish to be contacted. 8. Disclosure of Information 8.1 Individuals are entitled to see details which are kept on themselves within 30 days of making a request. Before releasing information, it should be checked that it is the individual concerned that is making the request. 8.2 Disclosure of confidential information may occasionally be necessary, but this should not take place unless judged to be absolutely essential and in the interest of the person concerned. 8.3 When approached for confidential information, check with the individual about whom the request has been made that you can release the details; if an approach is not possible, refer to one of the Data Protection Compliance Officers of the Settlement for judgement. The Central Administration Officer is the first point of contact in this instance. If in doubt: ASK!! Legal framework covering issues of confidentiality: Data Protection Act 1998 2 The Public Interest Disclosure Act 1998 (applies to protected disclosures relating to criminal offences, legal obligations, miscarriage of justice, health and safety, damage to the environment or the concealment of any of these.) 3 The Human Rights Act 1998: Everyone has a right to respect for privacy and family life, home and correspondence. 4 The Telecommunications (Lawful Business Practice) Regs 2000 concerns monitoring employees at work. 5 The Freedom of Information Act 2000: members of the public have the right to access information held on them by public authorities including central government. IMPLEMENTATION of this policy: Actions that need to be taken to implement this policy: Written Project procedures must be developed to reflect the policy, and cover the areas of: Whose responsibility this must be explicit and a named responsibility ; ie CRB checks involve handling sensitive personal data for staff, timebank, volunteers, tutors and students on placement and trustees. plus: personal information is held for personnel files, student records, timebank membership and other project membership databases and filing systems. How and where information is kept; ie staff personnel files kept in locked filing cabinet by CAO (key holder)and on computer database: Vizual Personnel Manager (password protected) Who has access; personnel records: access restricted to CAO, AA and SAO What should be divulged; refer to CAO How long information should be held.ie, retention guidelines: how long do CRB check last before they need to be renewed: 3 years There must be wide dissemination of the content of this policy to everyone likely to be involved in the disclosure of personal information Personal permission should be sought at the outset of all data gathering activities for personal details to be held on The Settlements databases Policy to be circulated to all staff members and included in induction procedure for all new members of staff Policy to be agreed by The Settlement Board of Trustees and regularly reviewed Policy to be circulated to all Project Management Committees Staff awareness training to be implemented Project and Settlement Board of Trustees training to be implemented 4.a PROCEDURE FOR CONFIDENTIAL REPORTING (WHISTLEBLOWING). The Public Interest Disclosure Act 1998 amends the Employment Rights Act 1996 to give protection from victimisation and dismissal to individuals who make certain disclosures in the public interest. This document forms part of Barton Hill Settlements confidentiality procedures. The Barton Hill Settlement Board of Trustees are committed to maintaining the highest standards of honesty, openness and accountability and recognise that employees and volunteers have an important role in achieving that goal. Employees or volunteers should be able to raise serious concerns with Management without fear of recrimination or victimisation. Provided staff or volunteers who raise a concern do so under the following guidelines, they will be protected from victimisation or disciplinary action. Barton Hill Settlement takes all malpractice seriously. This document sets out how staff or volunteers can report their concerns and how those they report to should act. Who do the procedures cover? These procedures cover employees, self employed people working for us under contract, staff employed through an agency and volunteers. What sorts of concerns are relevant? That a criminal offence has or is likely to be committed. That a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject. That a miscarriage of justice has occurred, is occurring or is likely to occur. That the health and safety of any individual has been or is likely to be in danger. That the environment has been or is likely to be damaged. That information on the disclosure of any of the above matters is being concealed. Who should the concern be raised with? First discuss the issue with your line manager (or in the case of volunteers, the department head or Peoples Hive Manager). Request a response within a reasonable time, agreed between you, depending on the urgency of the matter this should be within three working days and should never be more than three weeks. If you do not feel able to discuss the issue with your line manager because it directly concerns them then you must approach one of the other people named below. If you get no response from your line manager or do not get a satisfactory response then discuss the issue with the Settlement Senior Manager or any Settlement Board of Trustees member if you have already approached the Settlement Senior Manager. Again request a response within a reasonable time, and agree what that time should be. If you still do not get a satisfactory response raise the issue with the Chair of the Settlement, once again agree a response time. You should not try to tackle this alone. If necessary one of your staff reps can let you have the telephone number of an independent third party with who you can discuss matters in confidence. Will my identity be kept confidential? If you want the matter to be confidential you should say so at the earliest possible opportunity. Those investigating will do all they can to keep your identity secret. However, there may be circumstances where you will need to be a witness. What should the recipient of the concern do? The recipient should report the concern to the Settlement Senior Manager or, if the recipient is the Settlement Senior Manager, the Chair of the Settlement Board of Trustees. The recipient should take steps to investigate the concern and agree with the individual a reasonable timescale for the investigation. The Settlement Senior Manager or, if the recipient is the Settlement Senior Manager, the Chair of the Settlement Board of Trustees should be kept informed on the progress of the investigation. When the investigation is complete the individual and the Settlement Senior Manager or the Chair of the Settlement Board of Trustees must mutually agree that the outcome including any proposed action, is satisfactory. Are there any occasions when external disclosure is justifiable? The internal reporting system must be thoroughly exhausted first. The internal system should ensure that the matter is dealt with swiftly and sensitively. External disclosure is usually only justified in life or death situations of the sort which are not commonly within B.H.S. sphere of operations, and where: Internal procedures have been exhausted. Where the issue is one of major significance for the wellbeing of individuals or the integrity of the organisation. Generally there are unlikely to be any concerns arising from our operations that justify external disclosure. There should be a significantly broad and open management structure to enable staff to take up their concerns with a range of senior staff to ensure that those concerns are properly addressed. What points should the staff or volunteers consider before raising any concern? Are they relevant concerns, as listed above? Do they relate to the staff members own employment, if so then the grievance procedure in the staff handbook should be followed instead. Are they raising the concern in good faith? Do they have reasonable grounds for believing the disclosure to be true? Will they gain personally from the disclosure? If so they may not be protected. What else should staff or volunteers think about before disclosing? Barton Hill Settlement needs to safeguard all its staff and volunteers from malice and harassment. Staff or volunteers must be able to show that they reasonably believe that whistleblowing disclosure is substantially true. If a disclosure is made maliciously or vexatiously they could be liable to disciplinary action and be liable under general law for slander or liable. Is there anything else those involved should do? Make sure each step of the internal reporting system is recorded in writing. 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