Congresbury Community Transport

Registered Charity No: 1094856

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Confidentiality

Last updated 3 December 2006

Confidentiality Policy

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Introduction:

The Board of Trustees recognises that it has a primary duty to protect the confidentiality of information obtained through carrying out its functions about individuals and groups. Circumstances may arise where this primary duty is superseded by legal duties of disclosure of information.

 

Duty of Confidentiality:

The Board of Trustees will endeavour to ensure that individual trustees and participating volunteers, such as volunteer drivers, will respect the rights to privacy of individuals and groups involved with CCT. This duty of confidentiality concerns all personal information, whether medical, criminal and social, unless such information is already in the public domain. 

 

Duties under the Data Protection Act 1998:

This act came into force on 1st March 2000. It regulates the collection and use of personal information and allows individuals access to personal information that CCT holds about them. The Act seeks to ensure that all organisations that use information about people, do so in accordance with specified principles so as to protect the civil liberties of the person who is the data subject.

 

The Board of Trustees will follow the guidelines on the Data Protection Act 1998 provided by the Charity Commission in booklets OG58 and OG58 A4.

 

Duty of Disclosure:

The Board of Trustees recognises that there are circumstances that may make it necessary to disclose confidential information. This duty of “qualifying disclosure” is described in the Public Interest Disclosure Act 1998, and applies to all members of CCT.

 

Duties under the Public Disclosure Act 1998:

The Act makes special provision for charities. If a person has concerns about the administration of CCT, including matters to do with funding, then those concerns may be disclosed to the Charity Commission in its role as the Regulatory Body and “prescribed persons”. 

 

Other disclosures are protected under the Act, but must relate to the following matters to “qualify” for such protection (whether happening now or in the past):

    • A criminal offence
    • The breach of a legal obligation
    • A miscarriage of justice
    • A danger to the health & safety of any individual
    • Damage to the environment
    • Deliberate concealment of information tending to show any of the above.

 

A qualifying disclosure to the Charity Commission will be a “protected disclosure” provided the person:

    • Makes the disclosure in good faith
    • Reasonably believes that the relevant failure relates to the proper administration of CCT
    • Reasonably believes that the information disclosed and any allegations contained in it are substantially true.

 

Advice from the Charity Commission on how to report a concern is available on

0870 333 0123

 

Date of Adoption by the Board……………………….29/1/04

 

Signature of Chairman of the Board………………….Angela Jones

 

Dates of Review and Amendment Adoptions by Board January 2005, January 2006

 

Date for Next Review of Amended Policy.…….……January 2007

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