All staff shall maintain as confidential, information of which they are made aware during the course of their duties or assignments, in accordance with legislative requirements and The Salvation Army policy.
Confidential information about The Salvation Army, its clients, suppliers or staff is not to be divulged to anyone other than persons who are authorized to receive such information. Confidential information pertaining to finances, private business activities and plans of The Salvation Army or any staff member or client may not be used for furthering any private enterprise, or as a means of making personal gains.
No staff member is to speak to the media without the express consent of the Executive Director.
PROCEDURES:
Staff Procedures
- All new staff will be required to sign a Confidentiality Agreement, and will be oriented to this policy and to current privacy legislation. They will also be made aware of the consequences for breaching confidentiality or privacy. All staff members should attempt to clarify or explain to a client who requests it, our procedures for protecting their private information. If they are not satisfied, any client may speak with the Executive Director about our privacy policy and procedures.
- Client information may only be shared with other individuals, agencies, ministry units or programs with the express written consent of the client, or as required by law. Such consent must be in compliance with current privacy legislation.
- Program Chaplains and Corps Officers are available to clients, staff and management for confidential spiritual support, and will honour confidences with the exception of those required by law (disclosure of abuse of a child), and those which might directly lead to imminent harm to a client or another person (disclosure of an intention to self-harm or to harm another person).
- The offices and desks of other staff members are to be respected as private unless permission is given by a supervisor to access the office or desk of an absent staff member.
All written client information is to be kept in locked cabinets or on password protected computers. Under no circumstances are any documents (computer or paper) containing client information to be left where they may be read by clients or members of the public. No client information, including full names is to be included in emails, or in appointment books, or posted in hallways. Unoccupied offices should be kept locked at all times. Any document containing client information, even a name, will be shredded before disposal. - All file materials pertaining to clients who have left the program will be retained in paper or electronic form for the duration of time required by law and The Salvation Army policy. Files marked for disposal will be shredded prior to disposal.
- All computer equipment marked for disposal will have all memory devices professionally cleaned before disposal, or the memory device will be rendered inoperable prior to disposal, so that no client information can be retrieved from the device.
- All financial transactions involving clients are to be conducted in private. Under no circumstances is client financial information to be made available to other clients.
- All medication is to be stored and dispensed in a way that protects the privacy of the client. Medications should be dispensed privately, and clients should have no access to any medical information regarding other clients.
- Proper release of information forms must be obtained from clients before any information is shared with any individual, agency or program.
- Mail received on behalf of a client is deemed to be the private property of the client unless the client’s counsellor has reason to believe that a piece of mail contains material that may prove to be harmful to the client or to other clients. In this event, the counsellor will meet with the client privately to open the mail in the presence of the client and to check for hazardous or prohibited materials. Any material removed from a piece of client mail will be disposed of if illegal, or retained for safekeeping until the client leaves the program.
- Loss or theft of any confidential client information on paper or on an electronic device must be reported to a supervisor and to the Executive Director in writing immediately.
Client Orientation Procedures
- Program staff will orient all new clients to the Privacy Policy and to the importance of maintaining confidentiality of information they may learn about other clients in the course of classes, groups and community living. All new clients will be required to sign a Confidentiality Agreement and the Privacy Policy.
- Staff members will regularly remind clients in classes, groups and other interactions of their confidentiality agreement to one another.
- Clients will be made aware of the consequences of breaching confidentiality in any way that is perceived to be damaging to another client. Program consequences include discharge from the program. The individual client who has had privacy breached may have remedies under civil law.
Court Testimony Procedures
Confidentiality may not be able to be maintained by a staff member called to testify in court in a matter affecting a client.
- Salvation Army Officers, as members of the clergy, must be very cautious regarding promises of confidentiality with clients, since if a client discloses or confesses criminal behavior, the courts may not honour the clergy/client relationship as privileged. Any officer called to testify against a client should immediately contact the Executive Director for referral to legal advice.
- Any staff member called to testify in court in a matter related to their employment should inform their supervisor who will notify the Executive Director immediately.
Exceptions to Privacy and Confidentiality
The duty of confidentiality of client information may only be breached in specifically defined situations as follows:
- If a client discloses harm to a child in the past or plans to harm a child in the future, staff members are required to report this to the law enforcement.
- If a client discloses the plan to harm another person or to harm herself/himself, this must also be reported. Staff should consult their supervisor or the Executive Director for guidance on how reporting such information is to be done.
- If a disclosure of private information is made by any staff member in the interest of protecting the safety of a client or a member of the public, the staff member is to fully document the disclosure immediately following the disclosure and forward the information to his/her supervisor by email.
- As stated elsewhere in this policy, when a staff member is under subpoena to testify in court in a matter involving a client.
Toronto Harbour Light Ministries/Homestead Addiction Services will not assist a client to avoid arrest or prosecution by law. Clients are encouraged to speak with his/her counsellor if he/she is concerned that she is the subject of a police investigation, or are subject to subpoena or arrest. Staff members will attempt to support the client through the process in accessing legal assistance through community services.
We will disclose on the request of duly constituted authorities (police, probation and parole officers, child protection authorities) personal information about clients required for the investigation of a criminal offence or the compliance of a client with court ordered requirements. Staff will follow the Police Protocol.
Consequences of Breaching Privacy Legislation and Confidentiality Agreement
Breach of privacy legislation can be brought to the attention of the Privacy Commissioner by a client. The employer, as well as individual staff members can be cited for breaching this legislation and may face fines as high as $250,000 for the facility and $50,000 for an individual.
Breach of the duty of confidentiality will be considered a serious performance issue and may result in discipline up to and including dismissal.
INFORMATION FOR OUR CLIENTS
COLLECTION, USE AND DISCLOSURE OF PERSONAL HEALTH INFORMATION
Privacy of your personal health information is an important part of Toronto Harbour Light Ministries/Homestead Addiction Services providing you with quality service. We understand the importance of protecting your personal health information. We are committed to collecting, using and disclosing your information responsibly. We also try to be as open and transparent as possible about the way we handle your information. It is important to us to provide this service to our clients.
In Toronto Harbour Light Ministries/Homestead Addiction Services the Executive Director of Toronto Harbour Light Ministries/Homestead Addiction Services, acts as the Privacy Contact Person.
All staff members who come in contact with your personal health information are aware of the sensitive nature of the information that you have disclosed to us. They are all trained in the appropriate uses and protection of your information.
In the attached information, we have outlined what Toronto Harbour Light Ministries/Homestead Addiction Services is doing to ensure that:
- Only necessary information is collected about you;
- We only share your information with your consent, or as directed by law;
- We only share your information with those staff members and members of your circle of care who need to have it in order to appropriately deliver our services to you;
- Storage, retention, and destruction of your personal health information complies with existing legislation, and privacy protection protocols;
- Our privacy protocols comply with privacy legislation on standards applied by our contracts with the Government of Ontario, Salvation Army policy, and the law.
Do not hesitate to discuss our policies with any member of Toronto Harbour Light Ministries/Homestead Addiction Services. Please be assured that every staff person in our Centre is committed to ensuring that you receive the best quality service.
If you have a question or complaint about our Privacy Policy, you can direct your concern in writing to the Privacy Contact Person at the address listed above. He/she will investigate each and every complaint made to Toronto Harbour Light Ministries/Homestead Addiction Services in writing. If we cannot resolve your complaint to your satisfaction, you may contact the Information and Privacy Commissioner, 2 Bloor Street East, Suite 1400, Toronto, Ontario, M4W 1A8, 416-326-3333.
How Toronto Harbour Light Ministries/Homestead Addiction Services Collects, Uses And Discloses Clients’ Personal Health Information
Toronto Harbour Light Ministries/Homestead Addiction Services understand the importance of protecting your personal health information. To help you understand how we are doing that, we have outlined here how Toronto Harbour Light Ministries/Homestead Addiction Services is using and disclosing your information.
Toronto Harbour Light Ministries/Homestead Addiction Services will collect, use and disclose information about you for the following purposes:
- To deliver effective and appropriate client service
- To ensure continuous high quality service
- To assess your service needs
- To advise you of service options
- To confirm your identity
- To enable us to contact you
- To make appropriate referral to Salvation Army or community programs
- To collect and distribute statistical information (anonymously)
- To prepare tax receipts for free-will donations given by clients or members of the public
- To comply with legal requirements, and the requirements of our service agreements with the Government of Ontario
- To permit financial and program audits by authorized Salvation Army, and Government of Ontario personnel
- To fulfill our legal obligation to report, to the appropriate authorities, suspected child abuse, threats of, or actual harm to yourself or another person
By signing the consent section of this Client Consent Form, you have agreed that you have given your informed consent to the collection, use and/or disclosure of your personal health information for the purposes that are listed. If a new purpose arises for the use and/or disclosure of your personal health information, we will seek your approval in advance. Before we share your personal or health information with any person or service outside of Toronto Harbour Light Ministries/Homestead Addiction Services, we will obtain your consent in writing. This consent is revocable at any time.
If, for any reason, any of your personal health information is used or disclosed for any purpose other than those described above, or if any of your personal health information is lost, stolen or accessed by an unauthorized person, we will inform you in writing immediately.
You have the right to see any personal health information that we have collected about you. We will provide access to this information within 30 days of your request. You also have the right to request clarification or correction of any of the personal health information we have about you.
We will only disclose personal health information without your consent if we have reasonable grounds to believe that disclosure is necessary to eliminate or reduce a significant risk of bodily harm to you or to another person.
PRIVACY POLICY FOR THE SALVATION ARMY TORONTO HARBOUR LIGHT MINISTRIES/HOMESTEAD ADDICTION SERVICES INTRODUCTION
Privacy of personal health information is an important principle in the provision of quality service to our clients. We understand the importance of protecting your personal health information. We are committed to collecting, using and disclosing your personal health information responsibly. We also try to be as open and transparent as possible about the way we handle your personal health information.
We have tried to make the Toronto Harbour Light Ministries/Homestead Addiction Services Privacy Policy as easy to understand as possible. To ensure that you see how we are complying with the Ontario privacy legislation, the Personal Health Information Protection Act (PHIPA), our Privacy Policy is organized to follow the Act’s ten interrelated principles that are the foundation of PHIPA.
DEFINITIONS
Circle of Care: Processional and personal support persons or agencies determined by the client and counsellor in treatment/care plan. The role of Circle of Care is to collaborate with the client in achieving his goals.
Collection: The act of gathering, acquiring, or obtaining personal health information from any source, including third party sources by any means.
Consent: A voluntary agreement with what is being done or is being proposed to be done. Consent can either be express or implied. Express consent may be given explicitly, either orally or in writing. By signing a consent form, you are giving express consent for your personal health information to be collected, used and disclosed in keeping with this policy. If you telephone us to ask for help, and we agree to assist you, and you give us personal health information for the purpose of assisting you, this is implied consent.
Disclosure: Making personal health information available to others besides the immediate staff person involved in service to an individual.
Toronto Harbour Light Ministries/Homestead Addiction Services: Includes the Privacy Contact Person and all staff of Toronto Harbour Light Ministries/Homestead Addiction Services at any location in which staff are providing services.
Client: An individual about whom the office collects personal health information in order to carry out service.
Personal Health Information: Information about a client recorded in any form. This includes, but is not limited to, the client’s name, address, telephone number, health card number, fax number, email address, gender, marital status, children, date of birth, occupation, place of work, employer, photographic image, health status, medications.
PERSONAL HEALTH INFORMATION PROTECTION ACT PRINCIPLES
Principle 1: Accountability
The Privacy Contact Person in Toronto Harbour Light Ministries/Homestead Addiction Services is responsible for information collected by him/her, or under his/her direction, and under his/her control. Accountability for Toronto Harbour Light Ministries/Homestead Addiction Service’s compliance rests with the Privacy Contact Person even though others in the office may be responsible for the day to day collection and processing of personal health information. Toronto Harbour Light Ministries/Homestead Addiction Services is responsible for information in our possession, including information that has been transferred to a third party for processing. We will use contractual or other means to provide a comparable level of protection while the information is being accessed and/or processed by that third party.
Toronto Harbour Light Ministries/Homestead Addiction Services will implement policies and practices to give effect to the principles, including:
- Implementing policies and procedures to protect personal health information;
- Establishing procedures to receive and respond to complaints and inquiries;
- Training staff about privacy policies and procedures
- Developing information to explain privacy policies and procedures.
Principle 2: Identifying Purposes for Collecting Information
The purposes for which personal health information is collected in Toronto Harbour Light Ministries/Homestead Addiction Services will be identified before or at the time the information is collected. Toronto Harbour Light Ministries/Homestead Addiction Services collects personal health information for the following purposes:
- To deliver effective and appropriate client service through a ‘circle of care’
- To ensure continuous high quality service
- To assess client service needs
- To advise clients of service options
- To make appropriate referral to Salvation Army or community programs
- To confirm client identity
- To enable contact with clients
- To collect and distribute statistical information (anonymously)
- To comply with legal requirements, and the requirements of our service agreements with the Government of Ontario and the City of Toronto
- To prepare tax receipts for free-will donations given by clients or members of the public
- To permit financial and program audits by authorized Salvation Army, the City of Toronto and Government of Ontario personnel
- To fulfill our legal obligation to report to the appropriate authorities, suspected child abuse, threats of, or actual harm to the client or another person
Toronto Harbour Light Ministries/Homestead Addiction Services will identify the purposes for which personal health information is collected, at or before the time of collection. We will only collect that information necessary for the identified purposes.
When personal health information has been collected and is to be used or disclosed for a purpose not previously identified, the new purpose will be identified prior to its use or the disclosure. Client consent is required before the information can be used or disclosed for that purpose.
By signing the Client Consent Form, the client will be deemed to understand and accept The Toronto Harbour Light Ministries/Homestead Addiction Services’ Service’s collection, use and disclosure of her information for the specified purposes.
Principle 3: Consent
Toronto Harbour Light Ministries/Homestead Addiction Services will seek informed consent for the collection, use and/or disclosure of personal health information, subject to exceptions set out in law.
Consent is required for the collection of personal health information and subsequent use or disclosure of that information.
In order for the principles of consent to be satisfied, Toronto Harbour Light Ministries/Homestead Addiction Services has undertaken reasonable efforts to ensure that clients are advised of the purposes for which information is being used, and that clients understand those purposes. Once consent is obtained, Toronto Harbour Light Ministries/Homestead Addiction Services does not need to seek client consent again, unless the use, purpose or disclosure changes.
Consent for the collection, use and disclosure of personal health information may be given in a number of ways, such as:
- Signed consent form
- Taken verbally in person when signing a form is not possible, and logged in writing by a staff member
- Taken verbally by phone when a client calls asking for information about our program
- Written correspondence
Consent may be withdrawn upon notice in writing, for those purposes not mandated by law.
EXCEPTION TO CONSENT
Certain private information must and will be shared without consent. Suspected child abuse, harm to or threats to harm self or another person will be reported to the appropriate authorities by the staff of Toronto Harbour Light Ministries/Homestead Addiction Services.
Principle 4: Limiting Collection of Personal Health Information
The collection of personal health information by Toronto Harbour Light Ministries/Homestead Addiction Services shall be limited to that which is necessary for the purposes identified in this Privacy Policy.
Principle 5: Limiting Use, Disclosure and Retention
Personal health information shall not be used or disclosed for purposes other than those for which the information is collected, except with the client’s express consent, or as required by law.
Toronto Harbour Light Ministries/Homestead Addiction Services has protocols in place for the retention and destruction of personal health information that are in keeping with our contractual obligations to the Government of Ontario as well as with Salvation Army policy.
Principle 6: Accuracy of Personal Health Information
Toronto Harbour Light Ministries/Homestead Addiction Services endeavors to ensure that clients’ personal health information is as accurate, complete, and up-to-date as necessary for the purposes for which it is to be used. The extent to which personal health information shall be accurate, complete and up-to-date will depend upon the use of the information, taking into account our contractual obligations and the interest of our clients. Every effort shall be employed to insure that information shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inaccurate or outdated information is used to make decisions about client service.
Principle 7: Safeguards for Personal Health Information
Toronto Harbour Light Ministries/Homestead Addiction Services has taken appropriate measures to safeguard clients’ personal health information from unauthorized access, disclosure, use or tampering. Safeguards are in place to protect clients’ personal health information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Client information is protected whether recorded on paper or electronically.
Members of our staff are aware of the importance of maintaining the confidentiality of personal health information. Care is used in the storage and destruction of personal health information to prevent unauthorized access to the information even during disposal and destruction. If, for any reason, any of your personal health information is used or disclosed for any purpose other than those described above, or if any of your personal health information is lost, stolen or accessed by an unauthorized person, we will inform you in writing immediately.
Principle 8: Openness about Privacy
Toronto Harbour Light Ministries/Homestead Addiction Services will make readily available to clients specific information about The Homestead policies and practices relating to the management of personal health information. This information includes:
- A Client Information Sheet that outlines the name of the Privacy Contact Person who is accountable for Toronto Harbour Light Ministries/Homestead Addiction Services privacy policies. This is the person to whom clients can direct any questions or complaints. The Information Sheet also describes how clients may access their personal health information held in Toronto Harbour Light Ministries/Homestead Addiction Services;
- A copy of our Client Consent form that explains how Toronto Harbour Light Ministries/Homestead Addiction Services collects, uses and discloses clients’ personal health information;
- Toronto Harbour Light Ministries/Homestead Addiction Services Privacy Policy.<
Principle 9: Client access to Personal Health Information
Upon written request and with reasonable notice, clients may be informed of the existence, use and disclosure of their personal health information, and shall be given access to that information. Upon written request, and with reasonable notice, Toronto Harbour Light Ministries/Homestead Addiction Services will advise a member of the public whether or not we hold personal health information about them. Toronto Harbour Light Ministries/Homestead Addiction Services shall allow access to this information, to the person concerned.
Upon written request and with reasonable notice, Toronto Harbour Light Ministries/Homestead Addiction Services shall provide clients with an accounting of how their personal health information has been used, including third party disclosures. In providing this information, we will attempt to be as specific as possible, within limitations imposed by law.
When it is not possible to provide a list of the organizations or individuals to which there has been disclosure about a particular client, we will provide that client with a list of such organizations or individuals to which we may have disclosed information about that client. Disclosure of probabilities in these cases would satisfy this requirement.
We will respond to client requests within a reasonable period of time, and at minimal or no cost to the client. The request for information will be provided or made available in a form that is generally understandable. Toronto Harbour Light Ministries/Homestead Addiction Services will comply with laws and contractual requirements that define client access to records.
Clients are free to challenge the accuracy and completeness of the information and may seek to have it altered, amended, or changed. This process is explained in the Client Information Sheet. When a challenge is not resolved to the client’s satisfaction, we will record the substance of the unresolved challenge.
When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.
Principle 10: Challenging Compliance
Clients shall be able to challenge compliance with these principles with The Toronto Harbour Light Ministries/Homestead Addiction Services’ Service’s Privacy Contact Person who is accountable within the office for our staff’s compliance. Toronto Harbour Light Ministries/Homestead Addiction Services has in place procedures to receive and respond to client complaints or inquiries. This information, including the name of The Toronto Harbour Light Ministries/Homestead Addiction Services’ Service’s Privacy Contact Person is included in the Client Information Sheet, available on request.
The procedures are easily accessible and simple to use. Toronto Harbour Light Ministries/Homestead Addiction Services has an obligation to inform our clients who make inquiries about the privacy complaint process in Toronto Harbour Light Ministries/Homestead Addiction Services, and about how to access that process. This information is outlined in the Client Information Sheet.
The Privacy Contact Person in Toronto Harbour Light Ministries/Homestead Addiction Services will investigate each and every complaint made to the office in writing. If a complaint is found to be justified, the Privacy Contact Person will take appropriate measures, including, if necessary, amending any office policies and practices.
Clients will be provided with information about how to contact the Information and Privacy Commissioner under the Freedom of Information and Protection of Privacy Act to forward any unresolved complaint. This information is included in the Client Information Sheet.
A copy of this document is available to clients and members of the public on request.