The Professional Practice Department has received increasing inquiries from registrants who have been asked to release client information to third parties, such as banks, insurance companies, service providers and even the police. The Standards of Practice speak to this issue in Principle V: Confidentiality, and the following interpretations must be considered:
5.1.2 College registrants shall obtain consent to the collection, use or disclosure of client information including personal information, unless otherwise permitted or required by law. ‘Personal information’ means information about an identifiable individual and includes (but is not limited to) personal health information.
5.2.1 College registrants shall obtain client consent prior to each disclosure of information, where consent is required. Clients may sign consent forms or provide verbal consent; College registrants shall document that consent was obtained.
5.2.2 When consent to the disclosure of information is required, College registrants shall make reasonable efforts to inform clients of the parameters of information to be disclosed, advise clients of the possible consequences of such disclosure, and inform clients of the following:
- who is requesting the information (name, title, employer and address);
- why the information is desired;
- how the receiving party plans to use the information;
- if the receiving party may pass the information on to a third party without the client’s consent;
- exactly what information is to be disclosed;
- the repercussions of giving or refusing to give consent;
- the expiration date of the consent if applicable; and
- how to revoke their consent.
VALIDATING CONSENT
At times, registrants have shared that they received a consent form signed by a client from a third party but are unsure if it is valid. In these instances, registrants must confirm that the client has truly consented to sharing their information. It is also essential to verify that the client understands the purpose and potential consequences of disclosing their information. If registrants are unsure about their legal obligations to release client information, they should consider the following:
- Speak directly with the client to confirm their consent.
- Obtain a legal consultation through their organization or professional liability insurer.
- Consult with the Information and Privacy Commissioner of Ontario.
- Request a subpoena if the police are involved.
- Review the College’s Privacy Toolkit for additional guidance.
Lastly, registrants are reminded that they are legally allowed to share information with the College during a review or investigation without client consent, as stated in the Standards of Practice, Principle V: Confidentiality:
5.2.5 A College registrant, or the professional corporation through which they are practising, may disclose information to the College without client consent when required in relation to a review, investigation or proceeding under the Social Work and Social Service Work Act, 1998. College registrants and/ or professional corporations shall not divulge more information than is reasonably required.
If registrants have questions about releasing client information to third parties, they are welcome to Book a Consult with the Professional Practice Department or email practice@ocswssw.org.