Duty of confidentiality

Carelli AdminUncategorized

Working as a personal assistant involves a great deal of trust - you step into another person's home and everyday life - and sometimes also into their most private moments. A key part of that trust is confidentiality and secrecy.

Professional secrecy means that you must not disclose what you find out in your work, no matter what it is about. This applies both during your employment and after you leave.

Confidentiality applies not only to contacts with outsiders, but also to other assistants who do not work with the same person, as well as friends, neighbors and family of the client.

What is covered by professional secrecy?

The short answer is: everything that concerns the personal circumstances of the user.

For example, it could be about:

  • health conditions and diagnoses
  • medication and healthcare
  • relationships and family situation
  • finances, contacts with authorities or legal proceedings
  • feelings, opinions, desires and personal habits
  • conflicts or other private events

What does the law say?

According to the Act on support and services for certain disabled persons (1993:387) and § 29 Confidentiality for professional activities under private auspices is stated: 

Anyone who is or has been active in professionally run private activities relating to operations under this Act may not unauthorizedly disclose what he has learned about the personal circumstances of individuals. 

Example

Example 1: You're at dinner with a friend and you tell them:
"I work with a person who was recently diagnosed with cancer, it's so sad."

Even if you don't give your name or address, you are breaking professional secrecy. That information belongs to the customer, not to you.

Example 2: You will be told that the service user is dependent on financial support from social services.

That information cannot be shared with others without the consent of the customer and a concrete need.

Example 3. The customer receives support from a psychologist to manage their anxiety. This information cannot be shared without explicit consent.

Example 4. You meet some friends and tell them you've got a new job as a personal assistant. They get excited and ask lots of follow-up questions about how old the client is, if there is a lot of lifting, what are the tasks? In such a situation, you have to stop immediately and say that you can't say anything because of confidentiality except that you are happy and the working hours suit you.

When can you break professional secrecy?

  • If the customer gives their consent
  • If you need to file a lex sarah report (legal obligation)
  • If there is a risk to life and health, you may need to disclose medical information to healthcare professionals
  • Reporting concerns for children (statutory obligation). For example, if you are concerned about your child client, e.g. you suspect they are being abused, you are obliged to report this to social services.
  • Serious crimes (for example, if you become aware that the customer has been the victim of a serious assault, you may need to report it to the police)

Need for support

It is perfectly acceptable to ask for support at work - for example, if you need advice from a colleague or manager. But it should be done with respect for the person's privacy. This means that you should leave out your own interpretations and only tell them what is absolutely necessary.

Exit

Confidentiality is not just a law - it is the basis of the trust we are given as personal assistants. We are allowed to get close to people's lives - it is both a privilege and a responsibility.