Understanding Privacy and Consent
Privacy can be a sensitive and complex subject, especially when it comes to handling personal information. At Lifestyle Centred Services, we are committed to ensuring that our clients fully understand how their information is collected, used, and shared throughout their time with us. This blog post outlines the essential steps for explaining privacy information to clients, specifically prior to their signing the Consent to Share Information Form, and as a part of ongoing service delivery.
Why Privacy Matters
Privacy is a crucial topic that impacts both the trust clients place in our services and their overall experience with us. This Post provides our team with clear guidance on how to discuss privacy matters with clients. It is essential that clients are fully informed and comfortable with how their personal information will be handled before they provide consent for us to share that information with other parties. This includes times of transition, such as when a client is moving to another provider or exiting our services.
Who Does This Apply To?
This information applies to all employees of Lifestyle Centred Services. All staff have a responsibility to explain how personal information will be collected, stored, and used in the delivery of services. As part of this responsibility, staff must ensure that clients understand their rights under Australia’s strict privacy laws, which govern the collection, use, and disclosure of personal information.
Who is Responsible for Ensuring Privacy?
The primary responsibility for explaining privacy procedures and collecting the Consent to Share Information Form lies with Service Coordinators. It is vital that these staff members ensure clients understand how their information will be handled during the onboarding period and at any time throughout the service delivery process. This includes any transitions, such as when a client moves to a new provider or exits our services.
How to Explain Privacy to Clients
Before clients sign the Consent to Share Information Form, it’s important to ensure they have a clear understanding of how their personal information will be handled. Here are some key talking points for explaining privacy:
Explaining Information Collection and Use:
- “We will only collect information about you that we need to provide you with the service you are requesting, or that is required.”
- “We will only share that information with other providers if we reasonably believe you would want us to, for the purpose of providing you with a service.”
- “We will only share information that is relevant to the issue we are trying to solve.”
- “If we are unsure whether to share your information, we will always ask for your consent first.”
These points should be clearly communicated in a way that the client can understand, and it’s important to give them the opportunity to ask questions.
Tools and Resources:
- Information Privacy FAQ Document: This document provides answers to common privacy questions that clients may ask. Ensure this document is available during your initial consultation and offer it to clients when they request further details.
- Easy-Read Privacy and Confidentiality Document: If the client requires an Easy-Read version of the privacy information, ensure they receive this document, which simplifies complex terms and makes the information more accessible.
If Clients Have Questions:
- If a client asks a privacy-related question you are unsure about, do not guess the answer. Instead, reassure them that you will seek clarification from the Management Team. This ensures that the information provided is accurate and compliant with privacy laws.
Withdrawing or Providing Consent:
It is crucial that clients understand they can withdraw or provide consent to share their information at any time. If a client decides to change their consent, advise them to do so in writing (via email, SMS, letter, or by signing a new Consent to Share Information Form).
Collecting Consent to Share Information with Third Parties
In some cases, you may need to share a client’s information with a third party that is not listed on their original Consent to Share Information Form. If this situation arises, it is essential to obtain written consent from the client before sharing any information. If you are unsure whether the client would be comfortable with the information being shared, it’s best to get explicit written consent.
How to Obtain Written Consent:
- Letter
- SMS (Ensure to screenshot the text message for record-keeping)
If the client is unable to provide written consent due to capacity issues, ask if a close family member or trusted friend could assist with this process.
Once consent is obtained, make sure to:
- File the consent information securely.
- Place a file note in the client’s record to document the consent and keep a record of its receipt.
Legal and Ethical References
Australia has strict privacy laws that must be followed when handling personal information. Staff should be familiar with the following key legal documents and regulations:
- Disability Discrimination Act 1992 (Commonwealth)
- NDIS Practice Standards and Quality Indicators (2021)
- Privacy Act (1988)
- Privacy Amendment (Enhancing Privacy Protection) Act 2012
These laws and standards are designed to protect the privacy of individuals and ensure that businesses like ours follow ethical and legal practices in managing personal information.
Conclusion: Upholding Privacy with Respect and Clarity
At Lifestyle Centred Services, we take privacy seriously. It is our responsibility to protect the personal information of the individuals we serve while also ensuring they fully understand how their information is used. By following the steps outlined in this Post, we can empower our clients with the knowledge they need to make informed decisions about their privacy and consent.
If you’re unsure about any aspect of privacy or consent, please don’t hesitate to seek guidance from the Management Team. Together, we can create a culture of transparency, trust, and respect that supports our clients’ rights to privacy throughout their service journey with us.
