7. Confidentiality
Confidentiality covers both information and people.
Sensitive information
Information may have confidentiality requirements based on the type of information it is, or because it concerns a member of a vulnerable group.
In Australia, the following types of information may have confidentiality requirements:
- Information provided in professional confidence (i.e. for instance, your lawyer).
- health-related information.
- commercial-in-confidence information.
Information concerning a member of a vulnerable group may also have confidentiality requirements:
- Children (including children in the foster care system).
- Adults who cannot legally grant consent.
- Indigenous people.
Commercial confidentiality
A company may consider certain information to be commercial-in-confidence, including:
- intellectual property owned by the company.
- trade secrets.
- past successful tenders.
- operational information.
- any information that the unauthorised disclosure of which could give rise to a breach of confidentiality action.
Commercial confidentiality may be protected by contractual agreements between parties, particularly when information is being shared outside of the organisation, but this may not always be the case. A company’s employees have an obligation to protect commercial confidentiality.
Check your knowledge
Professional confidentiality
Many professional bodies outline a professional duty of confidentiality where privacy covering contacts or patients is required such as:
- Doctors.
- Physicians.
- Nurses and midwives.
- Physiotherapists.
- Psychiatrists.
- Psychologists.
- Occupational Therapists.
Read more in the Australian Health Practitioner Regulation Agency’s social media policy.