Title: Confidentiality and Disclosure
1Confidentiality and Disclosure
- Paul Brown
- Director
- Scottish Disability Team
- p.d.brown_at_dundee.ac.uk
- www.sdt.ac.uk
2Confidentiality 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.
3Confidentiality 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
4Confidentiality 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.
5Confidentiality 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.
6Confidentiality and Disclosure
- The Duty to make Reasonable Adjustments
- s28T(1)
- Substantial disadvantage
- Date of implementation
- Anticipatory requirements
- Knowledge and anticipated knowledge
7Confidentiality 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
8Confidentiality and Disclosure
- Why is confidentiality important?
- Managing Relationships
- Breach of Confidence actions!
9Confidentiality 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)
10Confidentiality 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
11Confidentiality and Disclosure
- The Eight Data Protection Principles
- Fair
- Specific
- Adequate
- Accurate
- Retention
- Rights
- Security
- Transfers abroad
12Confidentiality 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
13Confidentiality 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."