There may be times where during the normal course of work IslamicFamily staff or contractors are subpoenaed by the court or asked for information about our clients.
Subpoena Is a court order that can be enforced by law. A court may issue a subpoena for client records.
Authorization Authorization must be obtained in writing or through a recorded voice note. The person must be of sound mind, & legal age. They must not be under duress or coerced.
Imminent harm
Discuss the matter with senior leadership
Any requests for client information that have not been explicitly authorized by the client need to be approved by the Executive Director, when necessary, in consultation with a lawyer. Information should only be released when there is a fear of imminent harm or a court order.
Identify what is being asked & by who
A person subject to a subpoena may be found in contempt of court if they do not respond.
A demand/request for information by a lawyer, doctor, or community member is not enforceable. Any disclosure could be a violation of client privacy and professional ethics without obtaining explicit prior consent from a client.
IslamicFamily cannot disclose if someone is an active or former client/participant/donor, the services someone may have received, their demographic or personal info, who they may have worked with, etc.
Prioritise the Client
Our primary goal is to act in the best interests of our clients (regardless of their level of cooperation with us). Our guiding principles when subpoenaed are confidentiality, loyalty & advocacy for our client.
Seek informed consent
Inform the client of the subpoena - all forms of release of client information should be checked carefully and staff/contractors should obtain the consent of the client before releasing information this includes information related to attendance, assessments, as well as the contents of counselling/case work sessions.
Consent should be documented.
When unable to seek informed consent
In instances where a client does not provide consent or is not reachable the best interests of the client should still be acted on.
Inform the client when a request has been made
Clients – to the best of our ability – should be informed when an external, non-authorized, request for their information has been made.
Clients should be informed of who made the request, what information was requested, and be assured that their information was not disclosed.
IslamicFamily will not play an intermediary role between parties. Once we have told the client that someone has requested their information it is up to the client and other party to determine the course of action.
IslamicFamily, can in the case of dispute between two parties suggest an independent mediator/arbitrator.
Exceptions Staff/contractors may disclose personal or confidential information without a client’s consent when there is likelihood of imminent and grave harm to the client and/or a third-party, or when required to do so by law. In these circumstances, staff/contractors will limit disclosure to persons who reasonably need to know and to the extent necessary in the circumstances to mitigate harm.
Abide by professional standards
Registered Social Workers, Counsellors, Psychologists and other professions may have additional standards they need to uphold. It is up to individual staff/contractors to ensure they are acting according to their professional standards.
Uphold the reputation of the organization for existing and future clients
Know that your actions may impact the level of confidence current and future clients have with IslamicFamily. Do your utmost to respect client confidentiality.
Seek legal advice when in doubt
There may be compelling reasons to have a subpoena cancelled or modified, including disclosure adversely affecting third party interests such as those of test publishers.
What should our team members say when asked about clients?
We are sorry. We are unable to discuss any information about clients to maintain their privacy. We do inform clients when there has been a request for their information.
What, if any, impact should learning of criminal activity (like stealing) have on access to our programs?