Confidentiality

Dealing with incidents that occur in your society is tricky, and one of the most confusing parts of this is confidentiality. It is really important that once you report an incident to a member of staff that you keep it confidential. This is an incredibly complex area- this guide intends to give only a brief overview with some things to think about when dealing with sensitive situations; always ask for help if you're unsure.

What does confidential actually mean?

Keep the information on a 'need-to-know' basis. 

Confidentiality involves a lot of judgement calls. Distress or stress may play a role in the decisions you make- this is okay! So long as you can justify why you thought- at the time- it was appropriate to disclose information, for example, to fellow committee members, there shouldn't be any problems.

It is good practice to assume anything sensitive discussed at Committee meetings should be kept confidential by default. Generally, you should:

• Take all reasonable steps to keep any information safe (this is similar to what you can do to ensure you are GDPR-compliant)

• Make sure you have the complainer's consent if you are passing on identifiable information* (unless there are good reasons not to)

• Only disclose identifiable information* if it is necessary, and, when it is, only disclose the minimum amount necessary

• Make your own informed decisions (do not allow yourself to feel pressured by another person) about disclosure and be able to justify them

*identifiable information = names or any other information that could reasonably identify a particular person

Otherwise, anytime you're considering whether something should be confidential, it can be helpful to consider the reasoning behind confidentiality:

• The impact on those involved:

  • The complainer- you probably wouldn't want something that happened to you to be gossiped about, so don't do it to someone else. 

  • The 'accused' (the person whose behaviour has been reported)- consider IF that person has been misidentified or the incident was a misunderstanding, spreading false information (even if you believe it to be true) could prejudice them in the minds of anyone you tell. As a committee member this is particularly important as you must uphold the Equal Opportunities Policy- you CANNOT exclude someone from your society for something that has not yet been concluded by the appropriate complaints procedure.

  • Witnesses/other society members- Getting consent from complainers is not only important for confidentiality but also for trust between a society and your members. Generally, ensuring you deal with issues properly and ensuring you're doing all you can to create a safe and welcoming society, will create a better, environment for your members and will improve the quality of your society!

  • YOU- if you don't trust someone to keep an incident confidential, don't worry yourself or cause yourself unnecessary stress by telling them unless they must know. 

• The impact on any investigation:

  • If witnesses, for example, talk to each other, it can be seen as interfering with the fairness of any investigation.

Where are the boundaries of confidentiality? (the 'good reasons' not to get the consent of a complainer)

• The need-to-know

• Necessary for safety (including general public safety, or the physical/mental wellbeing of yourself or anyone else, etc.). This includes-

  • Reporting to the appropriate authorities (police or otherwise)

  • Speaking to the Advice Hub

  • As a part of any care provided by the NHS or private medical services

  • Seeking emotional support to a close-friend, partner, or family member who is unrelated to the situation 

• You need advice on how to deal with an incident, for example, from Strath Union staff

If you need any advice on dealing with a situation, the Advice Hub is your best resource, so just ask. Confidentiality is important but so is your wellbeing- confidentiality does not require you to take all the responsibility for an incident onto your shoulders alone.