Common use of Maintaining Confidentiality Clause in Contracts

Maintaining Confidentiality. ‌ All personal information acquired or held in the course of working with adults at risk should be treated as confidential. The confidential information each agency holds will be subject to the agency’s confidentiality policy and must be stored securely in accordance with the agency’s policy. All health and social care staff and partner agencies have a common law duty of confidentiality within their work with adult at risks. They also have a duty to process personal information in line with the Data Protection Act 1998 and to comply with the Caldicott principles. These are a set of requirements that ensure information regarding people who use services is treated with sensitivity to maintain its confidentiality. Information that has been provided in confidence and personal information should not usually be used or shared without consent from the subject and source of that information. The above rule applies in almost all circumstances, but there are occasions where exceptions may apply. Where there is a perceived need to disclose personal / confidential information to another person or agency, it is necessary to consider carefully whether this is lawful in line with the common law, duty of confidence and the Data Protection Act. The reasons for disclosing personal / confidential information should always be recorded, and legal advice must be sought whenever there is doubt about a decision to disclose. The following circumstances may arise where it may not be possible or appropriate to obtain consent to share information:  the subject cannot be contacted within a reasonable timeframe - the period of time considered reasonable will differ on a case-by-case basis depending on the urgency with which the information needs to be shared.  the subject does not have the mental capacity to consent  contacting the subject may, for example, jeopardise a serious criminal investigation or put someone in unacceptable risk  the subject has refused to give their consent If consent cannot be obtained due to the reasons stated above information may be shared without obtaining consent in exceptional circumstances where it is necessary for the information to be shared. Examples of what may override the duty of confidentiality include:  The power of the Courts  The power of certain Tribunals  A legislative requirement e.g. statutory assessment under the Mental Health Act 1983 or to prevent:  Serious crime  Danger to a person’s life  Danger to other people  Danger to the community  Serious threat to others, including staff  Serious infringement of the law  Breach of a legal obligation to supply the information  The health of the person  Public health concerns As a general rule all personal information acquired or held in the course of working with adults at risk must be treated as confidential. It is essential that use, including recording, of such sensitive personal data adheres to the requirements of the protective marking policy i.e. all information irrespective of format being marked as ‘Official ‘. This classification is equivalent to ‘NHS Confidential’ as the NHS have a different protective marking policy. The confidential information each agency holds will be subject to the agency’s confidentiality policy and must be stored securely in accordance with the agency’s protocol. This includes the need for secure delivery of Safeguarding information within and between other organisations.

Maintaining Confidentiality. ‌ All personal information acquired or held in the course of working with adults at risk should be treated as confidential. The confidential information each agency holds will be subject to the agency’s confidentiality policy and must be stored securely in accordance with the agency’s policy. All health and social care staff and partner agencies have a common law duty of confidentiality within their work with adult adults at risksrisk. They also have a duty to process personal information in line with the Data Protection Act 1998 2018 and to comply with the Caldicott principles. These are a set of requirements that ensure information regarding people who use services is treated with sensitivity to maintain its confidentiality. Information that has been provided in confidence and personal information should not usually be used or shared without consent from the subject and source of that information. The above rule applies in almost all circumstances, but there are occasions where exceptions may apply. Where there is a perceived need to disclose personal / confidential information to another person or agency, it is necessary to consider carefully whether this is lawful in line with the common law, duty of confidence and the Data Protection Act. The reasons for disclosing personal / confidential information should always be recorded, and legal advice must be sought whenever there is doubt about a decision to disclose. The following circumstances may arise where it may not be possible or appropriate to obtain consent to share information:  • the subject does not have the mental capacity to consent • contacting the subject may, for example, jeopardise a serious criminal investigation or put someone in unacceptable risk • the subject cannot be contacted within a reasonable timeframe - the period of time considered reasonable will differ on a case-by-case basis depending on the urgency with which the information needs to be shared.  the shared.the subject does not have the mental capacity has refused to give their consent  contacting the subject may, for example, jeopardise a serious criminal investigation or put someone in unacceptable risk  • the subject has refused to give their consent If consent cannot be obtained due to the reasons stated above information may be shared without obtaining consent in exceptional circumstances where it is necessary for the information to be shared. Examples of what may override the duty of confidentiality include:  • The power of the Courts  • The power of certain Tribunals  Tribunals; • A legislative requirement e.g. statutory assessment under the Mental Health Act 1983 or to prevent:  o Serious crime  crime; o Danger to a person’s life  life; o Danger to other people  people; o Danger to the community  community; o Serious threat to others, including staff  staff; o Serious infringement of the law  law; o Breach of a legal obligation to supply the information  information; o The health of the person  person; or o Public health concerns As a general rule all personal information acquired or held in the course of working with adults at risk must be treated as confidential. It is essential that use, including recording, of such sensitive personal data adheres to the requirements of the protective marking policy i.e. all information irrespective of format being marked as ‘Official ‘. This classification is equivalent to ‘NHS Confidential’ as the NHS have a different protective marking policy. The confidential information each agency holds will be subject to the agency’s confidentiality policy and must be stored securely in accordance with the agency’s protocol. This includes the need for secure delivery of Safeguarding information within and between other organisationsconcerns.

Maintaining Confidentiality. ‌ All personal information acquired or held in the course of working with adults at risk should be treated as confidential. The confidential information each agency holds will be subject to the agency’s confidentiality policy and must be stored securely in accordance with the agency’s policy. All health and social care staff and partner agencies have a common law duty of confidentiality within their work with adult at risks. They also have a duty to process personal information in line with the Data Protection Act 1998 and to comply with the Caldicott principles. These are a set of requirements that ensure information regarding people who use services is treated with sensitivity to maintain its confidentiality. Information that has been provided in confidence and personal information should not usually be used or shared without consent from the subject and source of that information. The above rule applies in almost all circumstances, but there are occasions where exceptions may apply. Where there is a perceived need to disclose personal / confidential information to another person or agency, it is necessary to consider carefully whether this is lawful in line with the common law, duty of confidence and the Data Protection Act. The reasons for disclosing personal / confidential information should always be recorded, and legal advice must be sought whenever there is doubt about a decision to disclose. The following circumstances may arise where it may not be possible or appropriate to obtain consent to share information:  the subject cannot be contacted within a reasonable timeframe - the period of time considered reasonable will differ on a case-by-case basis depending on the urgency with which the information needs to be shared.  the subject does not have the mental capacity to consent  contacting the subject may, for example, jeopardise a serious criminal investigation or put someone in unacceptable risk  the subject has refused to give their consent If consent cannot be obtained due to the reasons stated above information may be shared without obtaining consent in exceptional circumstances where it is necessary for the information to be shared. Examples of what may override the duty of confidentiality include:  The power of the Courts  The power of certain Tribunals  A legislative requirement e.g. statutory assessment under the Mental Health Act 1983 or to prevent:  Serious crime  Danger to a person’s life  Danger to other people  Danger to the community  Serious threat to others, including staff  Serious infringement of the law  Breach of a legal obligation to supply the information  The health of the person  Public health concerns As a general rule all personal information acquired or held in the course of working with adults at risk must be treated as confidential. It is essential that use, including recording, of such sensitive personal data adheres to the requirements of the protective marking policy i.e. all information irrespective of format being marked as ‘Official ‘. This classification is equivalent to ‘NHS Confidential’ as the NHS have a different protective marking policy. The confidential information each agency holds will be subject to the agency’s confidentiality policy and must be stored securely in accordance with the agency’s protocol. This includes the need for secure delivery of Safeguarding information within and between other organisations.