Any organisation interacting and working with trafficked survivors should have a confidentiality policy in place regarding personal information. This should comply with the Information Commissioner’s Office’s (ICO) rules and regulations. This policy should cover service users, staff and volunteers as well any interactions with external agencies, clarifying in which cases confidentiality can be breached*.

In particular, service users should be clearly explained:
• What information will be kept about them;
• How this information will be used;
• Who will have access to this information, where it will be kept and why;
• With whom this information will be shared.

Any signed agreement should provide information on who the information will be shared with and what information will be shared. It should, by no means, be a blank authorisation that agencies can share. The ultimate reference point for deciding who should be informed of a piece of confidential information is the individual to whom it applies, who should be in a position to give informed consent. Once consent has been obtained, it is the responsibility of the person passing on any information to ensure that this is only done on the terms agreed.
• If a person does not consent to share her personal details with a particular agency, confidentiality should not be breached, unless it is strictly necessary for their safety and well-being.
• Where there is a concern that a child is at risk of harm, information must be shared with the appropriate authorities – the police and children’s services – as a matter of priority.
• If a person is deemed incapable of giving informed consent under the Mental Capacity Act 2005, a guardian should be appointed to help him or her make decisions. The person, however, should still be placed at the centre of the decision making process.
• Unlawful breaches of confidentiality should be subject to disciplinary proceedings. You should also remember that service users are entitled to private life so staff should not access their rooms or look at their phones/Facebook without prior consent unless it is deemed necessary for safety reasons.

* Human Trafficking Foundation: Trafficking Survivor Care Standards