Serbia Handbook for Legal Aid Providers Final

The confidentiality of file documents
Confidentiality is the duty to keep certain information secret. Apart from the legal
requirements for client information to be kept confidential, maintaining confidentiality is an
important factor in building relationships of trust with others. Trust between a client and an
advocate is essential. It is difficult to properly assist clients if they do not feel comfortable to
truthfully reveal all the circumstances of their case.
The right to privacy is generally viewed as a right to limit how far society can intrude into a
person’s personal affairs. There are many aspects of privacy, but in the context of legal or
office work the main concern is information and communication privacy.
The Legal Aid Offices are frequently visited by members of the public and its offices are
easily accessible. To ensure the confidentiality of all court documents, legal aid relies on the
cooperation of all staff to take extra care when in the custody of sensitive information. No
confidential information of clients is to be shared with anyone outside of the offices without
the express consent of the client.
Extra care should be taken that copies of court documents are not left lying around
hallways, corridors or on the photocopier. Offices should always be locked when they are
left unattended. Offices where documents are kept should be separate from those for which
outsiders, including clients, have access and doors between the two should normally be
locked.
The type of information that needs to be confidential includes:
� Personally sensitive information;
� Names of individual clients, witnesses or staff members;
� Address and telephone details of clients, witnesses or staff members;
� Information relating to a client’s complaint;
� Statements from complainants or witnesses.
Keep information confidential and secure by:
� Not discussing client-related matters with anyone outside of the personnel authorised to
know about this information;
� Keeping work files in secure storage (locked cabinets or offices);
� Keeping confidential information in electronic format secure with password protection;
� Conducting client interviews in a private location;
� Returning all documents to their files when you are finished with them;
� Destroying (by shredding) all confidential information when it is no longer required; and
� Not using paper with confidential information for recycling.
Confidential information
The nature of the work of legal aid requires confidentiality of all cases at all times. This
means that cases should not be discussed outside of the office without the express written
permission of the client. No private information on case files should be discussed with any
person or organization outside of the legal aid project. This includes sensitive data included
in case tracking reports or databases.
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