It is crucial for employees to know that when they go to a confidential counsellor steps, strict confidentiality is applied. Without this obligation of confidentiality, the confidential counselor would not be able to properly fulfill his or her role. But what exactly does this obligation of confidentiality mean and why is it so important?
Why is confidentiality important for a confidential counselor?
It is essential that staff considering making a report can be confident that their conversations are 100% confidential. The certainty that anonymity, if desired, is guaranteed is a crucial factor in the decision whether or not to come forward with certain concerns or complaints. If employees believe in this confidentiality, they will be more likely to share their concerns with the confidential counselor. Therefore, maintaining this confidentiality is not only a matter of trust, but also of effectiveness in the role of the confidential counselor.
Right of non-disclosure of the Confidential Counsellor
Unlike professional groups such as lawyers, a confidential counselor does not enjoy a legally established right of non-disclosure. This means that the confidential counselor may be obliged to provide information in certain legal contexts. However, confidentiality within the organisation remains of great importance. To strengthen and guarantee this internal confidentiality, it is recommended to contractually record an internal right of non-disclosure.
Internal Confidentiality Confidentiality: How to Create?
An internal right of non-disclosure can be created by making clear agreements between the organisation and the confidential counselor. This can be recorded in a contract or agreement. This specifically states which information falls under the right of non-disclosure and in which situations this right can be invoked. By recording this contractually, both the confidential counselor and the reporter are protected.
Duty of confidentiality Confidential counselor Breaking through
There are situations in which the confidential counselor's obligation of confidentiality can be breached. This is possible, for example, when the reporter gives explicit permission to share certain information. However, there are also serious situations in which the confidential counselor may be morally or legally obliged to break confidentiality, such as in the event of imminent danger or a crime. In such cases, it is crucial that the confidential counselor carefully considers the right path, taking into account both the interests of the reporter and the broader community or organisation.
Understanding and respecting the obligation of confidentiality is essential for every confidential counselor. It not only guarantees the trust of employees, but also protects the integrity of the organisation. By having clear guidelines and agreements, organisations and their confidential counsellors can act effectively and ethically in all situations.
