Confidentiality and Privacy Policy

DENISE SMITH protects and respects the confidentiality of all information entrusted to herself, except as permitted or required by law, and in accordance with all municipal, provincial and federal legislation.

The following is considered confidential information:

  • All matters/documentation relating to clients.

  • All contracts.

  • All Human Resources files and proceedings.

  • All financial information, status and statements.

  • All information or documentation labelled “Confidential” by DENISE SMITH, or listed as such by separate memorandum, or email that advises confidential status.

This information may be related to, without being limited to, personal information of any kind about clients as well as information about the operations of DENISE SMITH’s private practice (e.g., personnel matters, internal financial procedures, contractual information, and intellectual property of DENISE SMITH’s private practice).

Respect for DENISE SMITH’s confidentiality and privacy policy is of utmost importance.  Confidential information shall not be used for any purpose other than its reasonable use in the normal performance of social work duties.

Requirement of Confidentiality

In accordance with PHIPA (Personal Health Information Act), DENISE SMITH handles sensitive personal client information in a confidential and appropriate manner. DENISE SMITH will take all reasonable precautions to safeguard the confidentiality of such information (e.g., ensuring confidential material is kept locked when not being used; shielding computer screens with confidential information from unauthorized viewing; taking special precautions when transporting confidential documents).

Privacy Statement

DENISE SMITH collects and uses personal information about her client in order to:

  • Provide quality treatment plans and services to clients.

  • Provide information to other people or organizations with client consent (for example, making a referral for service).

  • Review client files to ensure high quality of service and documentation.

DENISE SMITH may also collect, use and share personal information with consent or as permitted or required by law or contract.

Client Privacy

DENISE SMITH is committed to protecting the privacy of her clients and ensuring that:

  • the personal information she receives from clients is kept safe, secure, confidential, accurate and up to date;

  • clients understand why their personal information is collected by her;

  • DENISE SMITH obtains client consent before collecting, using, sharing or releasing client information, except as set out in this policy or permitted or required by law;

  • only the personal information necessary for the purposes listed above is collected from clients, unless otherwise consented to by the client or permitted or required by law;

  • access to client information is limited to DENISE SMITH only;

  • any external agents to whom DENISE SMITH releases information have a need to know and only use and disclose client information for the purposes for which it was originally provided;

  • clients are able to withdraw their consent at any time to the collection, use and disclosure of their personal information;

  • clients have access to their record, except where DENISE SMITH is entitled to refuse an access request, and are able to copy or correct their record and ask questions about DENISE SMITH’s privacy policies and procedures;

  • all legal and regulatory requirements regarding client information are met and maintained.

Procedures

Obtaining Consent for the Collection, Use and Disclosure of Personal Information

1.     As DENISE SMITH’s services may involve collaboration and consultation with other wellness professionals, DENISE SMITH will request informed, written consent to discuss the following with new clients:

·         the nature and extent of consultation and collaboration with DENISE SMITH which the new client is accessing;

·         the personal information that DENISE SMITH may collect;

·         the purposes for which DENISE SMITH collects, uses and shares personal information, as listed above.

2.     Client’s will be provided with a privacy and confidentiality agreement that outlines this information and will be asked to sign indicating their agreement prior to services starting.

3.     Consent will be that of the individual and must be knowledgeable, relate to the personal information and not be obtained through deception or coercion. A consent to the collection, use or sharing of personal health information about an individual is knowledgeable if it is reasonable in the circumstances to believe that the individual knows, (a) the purposes of the collection, use and/or disclosure, as the case may be; and (b) that the individual may give or withhold consent.

Client Withholding, Limiting or Withdrawing Consent

1.     Clients are informed of their responsibility to provide relevant information as a basis for receiving services and participating in service decisions.

2.     Clients have the right to stipulate who will have access to their personal information. This means that they can withhold, limit or withdraw their consent to the collection, use or disclosure of personal information. The request may cover all or a specific part of a client’s record. When this happens, DENISE SMITH will implement the following “lockbox” procedure.

Electronic Records: DENISE SMITH Receives the Client’s Request to Withhold, Limit or Withdraw Their Consent Will

Record the verbal instructions by the client in an activity note in the client’s file.

Paper Records:

The client’s file (either in whole or in part depending on the client’s instructions) to which access is to be limited will be placed inside an envelope that will be sealed with the instructions from the client stapled to the outside of the file.

If the client’s request is to withdraw consent, the file will be safeguarded by DENISE SMITH.

3.     In cases where the withholding, limiting or withdrawal of consent will limit or prevent DENISE SMITH from continuing to deliver services, DENISE SMITH will discuss with the client the consequences of their withholding, limiting or withdrawal of consent.

Disclosure Without Consent Including Responding to Summons/Subpoenas/Court Orders and Requests from Police

1.     DENISE SMITH will not disclose the personal information of clients without their consent, except where:

·         It is believed the client or someone else is in imminent danger of serious physical harm (Duty to Report);

·         A child under the age of 16 is at risk of or has been abused or neglected;

·         A client has reported being abused or assaulted by a healthcare practitioner;

·         DENISE SMITH is subpoenaed or is otherwise served with a court order, summons, warrant or a similar requirement issued by a person who has jurisdiction to compel the production of information in a proceeding (such as a proceeding held in, before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of a College within the meaning of the Regulated Health Professions Act, 1991, a committee of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998 or an arbitrator) or  it is otherwise permitted or required by law.

2.     If DENISE SMITH is served with a warrant, summons, subpoena, order or similar requirement issued in a proceeding, DENISE SMITH will immediately advise the client.

3.     In general, where an order, summons, warrant, subpoena or other requirement to produce documents has been served on DENISE SMITH will:

·         make every attempt to respond in a way that is respectful of the order or other requirement, while at the same time taking steps to preserve the client’s right to confidentiality;

·         make an exact copy of the file to remain at DENISE SMITH and deliver the documents to the court or other proceeding in a sealed enveloped marked “private and confidential.”

4.     Where DENISE SMITH discloses personal information without the client’s consent, the client will be notified of such disclosure as soon as reasonable, practical, safe and/or legally possible in the circumstances.

Release of Information to Third Parties With Client Consent

1.     Personal information, whether all or part of a client record, will not be released to third parties without the written consent of the client or the client’s substitute decision maker, where applicable.

2.     DENISE SMITH may disclose a client’s personal information, provided that the disclosure, to the best of DENISE SMITH’s knowledge, is for a lawful purpose.

3.     Reports from third parties contained in a client record may not be released without the written consent of the third party. Clients will be encouraged to pursue access to this information directly with the third party.

4.     In exceptional circumstances, where written consent is not possible, the oral consent of the client to the release of personal information will be accepted and will be recorded in the client’s file.

5.     In response to requests to release information to third parties, DENISE SMITH will determine if the reason to release information is valid, ensure that the client understands the purpose for which the information is being released and to whom the information is being released. DENISE SMITH will also explain that DENISE SMITH cannot guarantee the confidentiality of the information once it has been released.

Safeguarding of Personal Information

1.     Client information stored electronically is protected by password. Access to the DENISE SMITH’s electronic database is limited on a need-to-know basis for added security.

2.     Client information collected in hard copy form is stored in locked cabinets accessible only by DENISE SMITH.

3.     Access to client information will be limited to those who need to know the information for the purposes set out in the client’s consent or as otherwise permitted or required by law.

4.     DENISE SMITH will never leave client personal information, in paper or electronic form, unattended or exposed to anyone.

5.     DENISE SMITH will not send confidential personal information to clients by email without the client’s prior consent (please see DENISE SMITH email section in the confidentiality agreement).

6.     Web based therapy will use a PHIPA compliant, encrypted website to protect client privacy and confidentiality.

7.     When disposal is permitted or required, records of client personal information will be disposed of in a secure manner such that reconstruction of the records is not reasonably foreseeable in the circumstances.

Notice to Clients of Theft, Loss, Unauthorized Access, Use of Disclosure of Client Information

1.     DENISE SMITH will immediately report any theft, loss, unauthorized access, use or disclosure of personal information of DENISE SMITH to clients immediately upon becoming aware of this either verbally or via email.

2.     In the event of such theft, loss, unauthorized access, use or disclosure of personal information of DENISE SMITH’s client, DENISE SMITH will immediately launch an investigation into the breech and notify the client as soon as possible.

3.     Oral contact with the clients will be logged in the client record and will be followed up by a letter, which will be included in the client record.

4.     In the case of former clients, contact will be made orally, if possible, and also in writing, at the last known address for the client.

Client Access to and Correction of Personal Information

1.     Clients wishing to review their records should contact the DENISE SMITH and request access to their file in writing.

2.     Within 30 days of any such request, an appointment will be made for the client to review his/her personal information in a confidential manner on DENISE SMITH’s premises, in the presence of DENISE SMITH. Up to 60 days may be required in the case of complex searches for records. Clients may bring a support person to this appointment if they wish. Clients will show a copy of picture identification to verify their identity. In exceptional circumstances (e.g., a client is unable to come to the DENISE SMITH office due to health issues), a copy of the record may be sent by registered mail to the individual with consent and verification of their identity. Where indicated, safety precautions related to the receipt of the file will be reviewed with the client and documented in the record prior to its release.

3.     DENISE SMITH is required to retain client personal information that is the subject of a request for access for as long as necessary to allow the client to exhaust any recourse under the Personal Health Information Protection Act, 2004 that he or she may have with respect to the request.

4.     Clients who wish an explanation of their records may contact DENISE SMITH.

5.     Clients will not be permitted to access third party records without the consent of the third party. In such cases, DENISE SMITH will direct the client to obtain the requested information directly from the third party.

6.     Clients wishing to correct information in their file shall provide the correction in writing to DENISE SMITH. The written correction will be included in the client’s record and, within three weeks of receipt, DENISE SMITH will notify the client of its response to the correction.

7.     In instances where clients request a copy of their record, they will be required to sign a form acknowledging that DENISE SMITH retains no responsibility for the record once it is released.

Inquiries and Complaints

1.     Questions, comments or complaints about DENISE SMITH’s privacy policies and procedures or about the collection, use or disclosure of personal information may be made directly to DENISE SMITH to come to a fair and equitable resolution.

Legal

This agreement will not supersede any legal obligation to disseminate information when required to do so in a court of law.

Privacy Policy

DENISE SMITH is committed to providing website users with a website which respects their privacy. In particular, the protection of confidential information is of paramount importance to DENISE SMITH. In this context, the Social Work and Social Service Work Act, 1998 provides for the confidentiality of information related to the administration of the Act.

Through this website, DENISE SMITH only obtains specific personal information from you, such as your name, phone number or e-mail address, if you supply such information (by, for example, sending an e-mail, submitting an inquiry, or providing such information in a secure portion of the site).  Additional information, such as reason for seeking services, can be provided by prospective clients should they wish to share this information.  DENISE SMITH requires all clients to read, review, and sign the consent form provided prior to services starting. DENISE SMITH will not trade, sell or rent your personal information. DENISE SMITH takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. You can help by also taking precautions to protect your personal information when you are on the Internet. For example, change your passwords often using a combination of letters and numbers.

Use of Cookies And Pixels

This Website uses a standard technology called “cookies” and server logs to collect information about how this site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at the site, and websites visited just before and just after this one, as well as your IP address.

Denise Smith reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. Denise Smith reserves the right to use these pixels in compliance with the policies of the various social media sites.​

Third-Party Use Of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers (Google Ads), content providers, and application providers. These third parties may use cookies alone or in conjunction with cookies or other tracking technologies to collect information about you when you use this website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

DENISE SMITH regularly reviews her information-handling practices. If you have any questions or comments in this regard, please use contact:

DENISE SMITH MSW RSW


Contact: denisesmithhelps@gmail.com

August, 2024