Our Policy as adopted 11-01-2008 as it relates to Confidential Information is as follows:
Business information obtained in the course of a member’s affiliation with CLEAR VISION ADVISORS must be held in confidence. All reasonable measures must be taken to ensure that business information is collected, used and disclosed only in circumstances necessary and authorized in the conduct of the business of the organization and in accordance with any stated or written terms as may be agreed from time to time with a third party and/or with or between Members of CLEAR VISION ADVISORS.
Intentionally viewing confidential information that is not necessary to perform an individual’s role is considered a breach of confidentiality even if that information is not disclosed to another party. Confidential information must not be discussed in any physical location where others, not entitled to receive that information, are present and likely to overhear, unless required to fulfill one’s professional role, by law or with permission from an authorized individual.
Third party and organizational business information may be subject to copyright. Section 27(2)(i) and Copyright Act (R.S.C. 1985) c.C-42 set out actions that do not constitute an infringement of copyright. In some cases, disclosure of copyrighted records may cause financial harm to third parties, the public body or the government as a whole.
Some information may be protected by statute (e.g., Evidence Act) while other information may be confidential due to the nature of the relationship between CLEAR VISION ADVISORS and the provider of the information and the circumstances of the communication (for example, witness statements in an investigation are protected). Confidential information may also include third parties (e.g. contractors) who have supplied information about private sector enterprises to CLEAR VISION ADVISORS or information regarding internal organizational business plans (e.g. in camera meeting of a Health Board). Business information that was supplied in confidence, that would reveal third party trade secrets, commercial, financial, labor relations, scientific or technical information must be kept confidential and should not be disclosed without consent of the third party. In addition, organizational business information that would harm CLEAR VISION ADVISORS’s financial interests and/or relates to the management of CLEAR VISION ADVISORS that has not yet been implemented or made public will not be disclosed without the proper written authority.
Access to Confidential Business Information
Individuals may formally request access to business information of either a third party and/or of CLEAR VISION ADVISORS by submitting a written request to information@clearvisionadvisors.com.
Confidentiality Acknowledgement
A signed Confidentiality Acknowledgement is a requirement of employment for all CLEAR VISION ADVISORS employees and for the establishment of a relationship between the CLEAR VISION ADVISORS and all designated CLEAR VISION ADVISORS Members and their affiliated organizations used in the performance of services on behalf of client organizations. All CLEAR VISION ADVISORS Members are required to be familiar with and abide by the confidential information guidelines as set out by CLEAR VISION ADVISORS.
Breach of Confidentiality
Individuals will be held accountable for breaches of confidentiality. Breaches of confidentiality include intentional and unauthorized access to, use and/or disclosure of, confidential information. All CLEAR VISION ADVISORS Members and their affiliated organizations have a responsibility to report breaches of confidentiality without fear of reprisal. If it is established that a breach of confidentiality has occurred, those individuals deemed responsible may be subject to penalty or sanction up to and including termination of employment, cancellation of contract or services, termination of any and all relationships with CLEAR VISION ADVISORS, withdrawal of privileges and/or legal action.
Reviews and Remediation
Reviews and Remediation may be performed from time to time to ensure compliance to this policy. With respect to electronic records, automated audit systems have the capability to monitor and record all access made to documents performed by Members of CLEAR VISION ADVISORS and/or their affiliated organizations. The frequency of audits and designation of individuals or system auditor(s) will be the responsibility of management. Involvement of Information systems personnel, consultative bodies and other specifics of the review process are the responsibility of management.
Scope
This policy applies to:
1. All CLEAR VISION ADVISORS Members.
2. All designated CLEAR VISION ADVISORS Principals, Advisors, Managers (identified by Company), Providers and their affiliated organizations.
3. Any individual either directly or indirectly associated with the CLEAR VISION ADVISORS.
4. Business information in any format including, but not limited to, paper, electronic, film, verbal discourse.
5. Information as noted in #4 that is provided to, obtained from, or as a result of a relationship with the CLEAR VISION ADVISORS, regardless of where that information may be subsequently stored or used.
All such information in the custody and control of the CLEAR VISION ADVISORS is covered by this policy and the associated legislative and common law rules.
Research shown to be conducted by a CLEAR VISION ADVISORS Members and their affiliated organizations under the auspices of CLEAR VISION ADVISORS’s affiliation with a post-secondary educational body is outside the scope of this policy and will be set forth in separate writen agreement(s) on a case by case basis prior to any use or dissemination of information.
Examples of Breaches (What you should NOT do)
These are examples only. They do not include all possible breaches of confidentiality covered by the Confidential Information - Third Party, CLEAR VISION ADVISORS Business and Other Non-Personal Information Policy and the Confidentiality agreement.
Accessing and/or using information that you do not need to do your job:
· Unauthorized reading of business information pertaining to a third party
· Showing, telling, copying, selling, changing, or disposing of confidential information that is not pertinent to your role or care activity.
· Showing, verbally transferring, copying, selling, changing or disclosing confidential third party or CLEAR VISION ADVISORS business information by any means, be it electronically, hardcopy or verbally to another third partyby any means
· Showing, copying, selling, changing, disclosing or disposing of confidential CLEAR VISION ADVISORS business without proper authority
· Verbally discussing confidential information in a public area such as a waiting room or elevator.
Providing or gaining unauthorized access to any sensitive physical location (e.g. file cabinets) which contain confidential information
· Lending out your keys, passcodes or electronic access any to an unauthorized person with the intent to access file cabinets, file storage areas or other areas where confidential information is stored, OR using another’s keys, passcodes or electronic access for the same purpose
· Leaving sensitive file storage areas unlocked when they should be locked.
Failing to report any breach of confidentiality
· Being aware of a breach of confidentiality, but not reporting the breach to your supervisor or other designated individual.
· Not reporting that your password to a computer system has been compromised or that you have lost keys, passcodes or electronic access to a storage location for confidential information.
Definitions:
Confidential Business Information - Business information shall include but not limited to any information provided to, collected, created by the CLEAR VISION ADVISORS that exists regardless of the informations physical form and includes, but shall not limited to the following:
· Information provided to CLEAR VISION ADVISORS by an external vendor which, if disclosed could cause harm to the business interests of the external vendor (e.g. Proposal documents, contracts, unit prices, vendor proprietary advice or information, vendor proprietary technology).
· Information (staff statements, legal advice, investigators’ reports, incident reports) prepared as part of a pending or ongoing litigation, law enforcement investigation, quality assurance review, Workers Compensation Board or Ombudsman investigation.
· Information related to credentialing, discipline, privilege, quality assurance reviews and external review of quality of care. Note that both business and personal information may be found within these records.
· In camera deliberations of CLEAR VISION ADVISORS where such topics as personnel, labor relations, land acquisitions or litigation may be discussed,
· Unpublished statistical information and internal correspondence related to organizational initiatives.
· Information supplied in confidence to a mediator or arbitrator to resolve or investigate a labor relations dispute.
Confidentiality – Confidentiality refers to the responsibility and inherent obligation of any individual or organization to ensure that third party and CLEAR VISION ADVISORS business information is kept secure and is created, collected, accessed, used and disclosed appropriately.
Commercial – means concerning the sale, purchase or exchange of goods or services. This includes information that is, in itself, a commercial product.
Labor Relations – information relates to the management of a third party’s personnel, whether or not the personnel are organized into bargaining units.
Scientific – means according to rules laid down in exact science for performing observations and testing the soundness of conclusions; systematic, accurate; used in, engaged in, or relating to science
Supplied in confidence – applies to information that one person provides or furnishes voluntarily or by law and entrusts to another in circumstances where there is an implicit or explicit expectation that confidentiality will be maintained and the public body will not disclose. It would also include information provided orally and recorded by an employee of the public body. Information created by a public body about a third party is not “supplied” (for example, supplied information that is changed as a result of subsequent negotiations may not be considered “supplied in confidence”).
Technical information – means information relating to a particular subject, craft or profession or its techniques.
Third party – in relation to a request for access to a record, means any person, group of persons or organization other than the person who made the request or a public body.
Trade secret – information including a formula, pattern, compilation, program, device, product, method, technique or process that is used, or may be used, in business for any commercial advantage; derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure and/or which would result in harm or improper benefit.
Designated CLEAR VISION ADVISORS Members – are Members (see FAQs pags for specific definitions which are updated from time to time) or organizations who have a business relationship with the CLEAR VISION ADVISORS and, at their mutual discretion are deemed to have the potential to access, intentionally or inadvertently, all forms of CLEAR VISION ADVISORS confidential information by virtue of their relationship to the CLEAR VISION ADVISORS.
Examples of designated CLEAR VISION ADVISORS Members and affiliated organizations may include, but are not limited to:
Principals, Advisors, Managers (designated by Company) and Providers, as well as researchers, volunteers, students, contractors, sub-contractors, vendors/suppliers or any individual directly/indirectly associated with the CLEAR VISION ADVISORS.
Authorized Individual - an specifically designated individual who has the authority under law or policy to access specific forms of confidential information.
Please feel free to send suggestions for additional content to information@clearvisionadvisors.com
