RSWs respect their client’s right to privacy when handling personal and sensitive information. In a private practice, confidentiality and privacy rights are your ethical and legal responsibility and need to be addressed throughout the treatment cycle.
Confidentiality should be carefully addressed during collection, use, modification, disclosure, storage and disposal of information. Generally, some points include:
- only solicit what’s required to provide services or to conduct research
- discuss with clients the nature of confidentiality and the limitations of their right to confidentiality at the first meeting
- store records in a secure location (for example: a fireproof safe) that unauthorized people cannot access
Disclosure of confidential information may be necessary to prevent serious, foreseeable, and imminent harm to a client or others. It can also be required by law or court order. If you find yourself in this situation:
- inform the client before you disclose any information
- disclose only relevant information required to achieve the desired purpose
- ensure the information is transmitted through confidential channels
RSWs who offer virtual services should inform clients of the limitations to confidentiality that come with email, texting, or video conferencing. Generally, encryption is recommended for secure online interactions. As encryption technology is constantly evolving, consult with an Information Technology expert to identify media, software and a schedule for updates that is secure, affordable, and easy for clients to access. Read more on Virtual Counselling.
As well as offering confidential services, you must comply with privacy legislation including provincial privacy laws. For the private sector, some provinces have privacy legislation that has been deemed “substantially similar” to The Personal Information Protection and Electronic Documents Act (PIPEDA), while others do not. Please consult your regulatory organization’s website or contact them directly to obtain the current standards on confidentiality and privacy. You can also contact the Office of the Privacy Commissioner in your province or territory for more information.
Comments to Web Specialist: |
Link “regulatory organization’s website or contact them directly” to link list of 5.1; and link to privacy legislation overview below. Link Virtual Counselling to 3.3 |
Canada |
Factsheet: Privacy legislation in Canada https://www.priv.gc.ca/resource/fs-fi/02_05_d_15_e.asp Legal information related to PIPEDA, https://www.priv.gc.ca/leg_c/legislation/ss_index_e.asp |
Ontario |
Privacy Toolkit for Social Workers and Social Service Workers https://www.ocswssw.org/wp-content/uploads/2018/11/OCSWSSW-PHIPA-Toolkit... |