Confidentiality and Disclosure

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Confidentiality and Disclosure

• Paul Brown
• Director
• Scottish Disability Team
• p.d.brown_at_dundee.ac.uk
• www.sdt.ac.uk

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Confidentiality and Disclosure

• DDA Part IV
• The Act covers
• All publicly funded HEIs
• responsible bodies
• individual liability
• All students, all potential students, all
  courses.
• All Staff including full/part-time, guest
  lecturers etc.

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Confidentiality and Disclosure

• DDA Overview
• What is Discrimination under Part IV?
• Institutions have a duty not to discriminate
  against a disabled person for a reason related to
  his/her disability and without justification
• Discrimination can occur through
• Less favourable treatment
• Failure to make reasonable adjustment

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Confidentiality and Disclosure

• Less favourable treatment and disclosure
• of a disability
• In order to avoid discriminating through less
  favourable treatment on the grounds of
  disability, responsible bodies will need to know
  about that persons disability.
• If they do not know and could not reasonably have
  known that someone was disabled, then that person
  has not been treated less favourably for a reason
  relating to his or her disability.

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Confidentiality and Disclosure

• Less favourable treatment and disclosure
• of a disability contd
• When one person has been told in the institution
  then the institution could be deemed to know
  about a persons disability.

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Confidentiality and Disclosure

• The Duty to make Reasonable Adjustments
• s28T(1)
• Substantial disadvantage
• Date of implementation
• Anticipatory requirements
• Knowledge and anticipated knowledge

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Confidentiality and Disclosure

• Providing Opportunities for Disclosure
• Admission/enrolment form
• When registering for exams
• When registering for accommodation
• When using the careers service for the first time
• When joining the library
• When registering at the beginning of each new
  year/module
• and more

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Confidentiality and Disclosure

• Why is confidentiality important?
• Managing Relationships
• Breach of Confidence actions!

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Confidentiality and Disclosure

• What Information is capable of being
• protected?
• Includes personal information (matters that one
  would regard as personal)
• Can include information obtained through
  observation
• Making information freely and entirely public at
  any time effectively gets rid of any duty of
  confidentiality (unless publicised by the
  confidant or other person in breach of confidence)

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Confidentiality and Disclosure

• What does the Pursuer have to prove in
• a Breach of Confidence action?
• The information has the necessary quality of
  confidence
• The information is received in circumstances
  which impose a duty of confidence
• The information has been, or is likely to be,
  used or disclosed without the authority of the
  confider
• The information that is claimed to be
  confidential requires to be specific

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Confidentiality and Disclosure

• The Eight Data Protection Principles
• Fair
• Specific
• Adequate
• Accurate
• Retention
• Rights
• Security
• Transfers abroad

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Confidentiality and Disclosure

• Practical Steps
• When a student discloses
• Make a note of the disclosure and the details
  given
• ideally get the student to sign
• If student asks for confidentiality
• Explain pros and cons
• - Try not to guarantee complete confidentiality

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Confidentiality and Disclosure

• Paul wishes to thank Lesley Paterson
• Solicitor, Thorntons WS for some of the
• material that is in this presentation.
• Legal Disclaimer "This material is intended to
• give general guidance on the law. However, you
• should take professional advice before acting
• on any of the material as it may not be
• appropriate to your circumstances. Opinions are
• expressed without liability."