Last week we submitted a submission Response to the JACS as a community contribution to on topic of Information Sharing in the Context of Family Violence.
The new ACT Government 2016-17 ‘Safer Families’ Package fails to recognise that people with disabilities do not all live in ‘family-like’ arrangements. Relationships, consensual or not, are not recognised if the person with disability is experiencing violence in their home by support workers, co-residents with disabilities, or kinship carers and this impacts on how information sharing should consider the privacy of individuals in these settings.
The core argument we made is that people with disabilities, including those with diverse decision-making abilities, are entitled to the same privacy rights as anyone else, including collection of their personal information by lawful means, the right to access and collect personal information held by agencies, restrictions on disclosure of personal information without consent unless lawfully authorised, and the right to hold organisations accountable when privacy and consent is breached in a domestic violence context.
Information sharing and privacy needs to be supported through strong policy and procedures and a clear mandate to both government and community providers that they respond to and support clients with disabilities, who have been experiencing domestic violence, with specialist awareness of the need for extra privacy protections.
It is vital that people with disabilities are considered when their privacy is shared among government agencies, service providers and even family members or guardians when the channels are further opened to allow “fluidity” to information sharing. The privacy of people with disabilities is already heavily eroded and the issue of lack of consent and disregard for individual privacy is at high risk of becoming further diminished with increased information sharing protocols.
Recommendation 1: The ACT Government must ensure that any information sharing between agencies and organisations in the family violence or child protection systems recognises the extreme lack of privacy generally afforded to people with disabilities and ensures strong mechanisms to specifically protect the information of people with disabilities including through the development of appropriate format consent processes.
Recommendation 2: Robust firewalls regarding information sharing and privacy of people with disabilities, particularly where consent is concerned, must be in place for all information held.
Recommendation 3: That the ACT government develop robust guidelines for agencies and organisations working in family violence services to recognise the culture and risks associated with sharing of information of people with disabilities living in congregate or ‘kinship’ arrangements to ensure further erosion of their privacy is explicitly prevented.
Read the full submission here: http://www.advocacyforinclusion.org/Information_Sharing__Family_Violence_Submission_FINAL.pdf