Creation and Security of Confidential Files

A careful screening process naturally involves gathering written information on individuals. In effect, individual "personnel" files are created for people engaged in volunteer or paid service on behalf of the church. Some of this information will be confidential in nature and must be gathered and stored securely. The following guidelines are designed to help congregations handle confidential information with wisdom and sensitivity.

I. What information is confidential?

The following information, at least, is considered confidential:

In the course of a person’s ministry, there may be further documentation made that may or may not be confidential. For example, notes made during a routine spot-check or annual evaluation would be considered confidential, but a change in the job description would not. If there is doubt, check with the person who is the source of the information and ask if they would prefer that the information remain confidential. Always err on the side of caution.

II. Boundaries and Limits of Confidentiality

The normal rules and limits of confidentiality apply. Confidentiality should not be kept when doing so may lead to a person harming him/herself or someone else, or in cases where it is suspected that a child is in danger. Ontario law requires any person who suspects child abuse to report it directly to the Children’s Aid Society (CAS). Subsequent reports should be made if future concerns arise about the same child’s welfare. In other words, report concerns as often as you have them.

In the course of interviews, evaluation and participant follow-up, only information pertaining to the volunteer or paid staff person in question should be documented. For example, if a 13 year old discloses that s/he is being abused by his/her youth group leader, it should be documented in the youth group leader’s file and reported to CAS (also include a note in the file detailing when and by whom the report to CAS was made). However, if the same 13 year old reports that abuse is happening at home (or at the hands of someone who is not a volunteer or paid staff person at the church), it should be reported only to CAS.

If a criminal complaint is made against an active volunteer or paid staff person, that person’s duties must be suspended pending investigation. This is in accordance with general Diocesan policy and Canons and should not be viewed as a presumption of guilt.

Police records checks or should not be kept on file and no photocopies of police records checks should be made.

Information gathered during the course of screening can only be used for the purposes for which it was obtained. If asked, congregations can generally recommend or discourage their volunteers or paid staff to serve at Deanery or Diocesan level events, but should not provide details. Organizers of Deanery or Diocesan events (such as Deanery youth retreats, Youth Synod, multi-parish confirmation classes) may consult parishes but are responsible for screening their own helpers in a manner appropriate to that context.

III. Where Should Files Be Stored?

Confidential information must be kept in individual files and securely stored. "Secure" can be defined as a locked cabinet in a locked room, with limited key access. This location may or may not be at the parish, however if it is not at the parish it must be in a location mutually agreed upon by those who have access to the files.

Files must never be left out in the open or placed where just anyone could find them.

IV. Who Can See The Files?

Usually, only the Incumbent and Wardens and the person who directly supervises the work of the volunteer or paid staff person have access to these files. Those who have access to files have a moral obligation to do everything within their power to maintain confidentiality.

For legal reasons, basic data on screening and supervision should be kept on file until after the person has died. Should the sheer volume of paperwork become overwhelming for parishes, options including storing old files in the Diocesan archives may be explored.

Volunteers and paid staff may not view their own files. The primary reason for this is because persons providing references need assurance that what they say will be confidential. References are not very meaningful if the person providing it feels they cannot be candid.

However, volunteers and paid staff may receive copies of non-confidential information that may be stored in their files (i.e., if they lose their job description and need another copy). Persons may also add their own documentation to their files at any time.

If the volunteer or paid staff person moves to another parish, records may be copied and sent to the new parish upon receipt of original, signed consent of the person being screened. The original file must be kept by the congregation in which it was created.

V. Responsibilities of Persons Who Have Access to Files

People in congregations who have access to confidential records and information have a moral obligation to do everything within their power to maintain confidentiality. This obligation is especially important in the church, because of the close-knit nature of congregations. Ordinarily in other agencies, supervisors would not have personal relationships with the people they are supervising. In the church, we know it is difficult to have or maintain objectivity and personal distance. The following procedures are suggested to help minimize this conflict of interests:

VI. Conclusion

Although this type of record keeping and storage can be a difficult adjustment for congregations, maintaining appropriate documentation is key to a meaningful screening program. Congregations that have questions or concerns about particular situations should always seek appropriate help and consultation.