The MFR program protects the confidentiality of information about customers and assumes a protective role regarding the disclosure of confidential information.
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The service environment is conducive to effectively providing services to customers, both in-person and remotely, in a private and confidential manner and customers are informed of any limitations to privacy and confidentiality due to service delivery locations.
Interpretation When providing services remotely using technology, implementation of this standard requires that the MFR program consider confidentiality and privacy concerns for both the location(s) where staff are providing services, and the location(s) where customers are receiving services.
Informed, written consent is obtained from the customer, or parent or legal guardian, prior to recording, photographing, or filming.
When the MFR program receives a request for the release of confidential information about a customer, or when the release of confidential information is necessary for the provision of services, prior to releasing such information, the MFR program:
Interpretation In the context of this standard, “valid” means justifiable, legitimate, convincing, legally permissible, and in the best interest of the customer. Unless otherwise required by law, authorization to release confidential information is not necessary where the request for information is pursuant to a valid order of the civilian court or military tribunal. However, the customer or parent/legal guardian should still be informed that the information will be released and offered a copy of the release form before it is placed in their file.
Interpretation When there are concerns about the individual’s capacity to understand the confidential nature of the document, such as when the individual has been deemed incapacitated by the court, it may be inappropriate to provide the individual with a copy of the release form. Instead, the worker should include a copy of the release form in the customer's file and document reasons why the form was not provided.
Research suggests that programs with clear confidentiality policies and consent form requirements have increased collaboration between providers and customers. This increased collaboration can have a positive impact on these relationships, and further open lines of communication for the future.
The MFR program informs the customer, prior to his or her disclosure of confidential or private information, about circumstances when staff may be legally or ethically permitted or required to release such information without the customer's consent.
Interpretation Implementation of this standard includes an explanation of restricted and unrestricted reporting and the circumstances under which information must be disclosed to command and other authorities, when applicable.