Confidentiality Policy
Introduction:
Payana is a beacon of support and advocacy, particularly for sexuality minorities and individuals
living with HIV. Operating within such delicate contexts, where individuals often grapple with
societal stigma, discrimination, and personal safety concerns, the need for a robust confidentiality
and privacy policy cannot be overstated.
Payana's work extends to sexuality minorities who, due to societal pressures and fear of
discrimination, choose to conceal their sexual orientation from family, friends, and society at large.
The organization also provides vital support to individuals living with HIV, whose health status
demands utmost confidentiality to prevent discrimination and social ostracism. Moreover, Payana
interacts with community members and stakeholders who may find themselves navigating complex
situations, such as mixed orientation marriages, to shield themselves from societal judgment and
prejudice.
The consequences of breaching confidentiality and privacy within this context can be dire. It may
lead to irreversible harm, such as the loss of social status, family ties, or even endangerment of
mental health. In the most tragic scenarios, individuals may resort to self-harm or harm others if
their confidentiality is compromised.
Given the high stakes involved, Payana recognizes the critical importance of adhering to a strict
confidentiality and privacy policy. Every individual within the organization must understand their
role in safeguarding the privacy and dignity of those they serve. Failure to uphold these principles
could result in devastating consequences for the very individuals whom Payana seeks to empower
and protect.
Maintaining confidentiality and privacy is a fundamental principle of Payana's operations, and any
breach of this policy will be taken seriously and addressed promptly to ensure the protection of
individuals' rights and the integrity of the organization. By adhering to the principles outlined in this
policy, Payana is committed to protecting the confidentiality and privacy of individuals associated
with the organization, and to maintaining the trust and confidence of our constituents, stakeholders,
and employees.
Preamble:
Payana is committed to upholding the highest standards of confidentiality and privacy in all aspects
of its operations. This policy is designed to ensure the protection of personal information and the
privacy rights of our constituents, stakeholders, and employees, particularly marginalized sexuality
minorities, sex workers and people living with HIV.
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Scope:
This Policy applies to all employees, volunteers, contractors, partners, and stakeholders of Payana.
Aim/Purpose:
The aim of this policy is to establish guidelines for the collection, use, disclosure, and protection of
personal information in order to maintain the confidentiality and privacy of individuals associated
with Payana.
Definition of Confidentiality and Privacy:
Confidentiality refers to the obligation to safeguard personal information and prevent unauthorized
disclosure. Privacy refers to the right of individuals to control the collection, use, and disclosure of
their personal information.
Importance of Confidentiality and Privacy:
Maintaining confidentiality and privacy is essential to fostering trust, respect, and dignity in our
relationships with marginalized communities and vulnerable populations. It is also crucial for
ensuring compliance with legal and ethical standards, protecting individuals from discrimination and
stigma, and upholding the integrity and reputation of Payana.
What This Policy Seeks to Achieve:
To establish clear guidelines and procedures for the collection, use, and disclosure of
personal information.
To protect the confidentiality and privacy of individuals associated with Payana, particularly
marginalized sexuality minorities and people living with HIV.
To promote trust, transparency, and accountability in our relationships with constituents,
stakeholders, and employees.
To ensure compliance with legal and regulatory requirements governing the handling of
personal information.
Principles Guiding Payana's Confidentiality and Privacy Policy:
Consent: Personal information will only be collected, used, and disclosed with the consent of the
individual concerned, except where permitted or required by law.
Confidentiality: Payana will take reasonable measures to safeguard personal information from
unauthorized access, use, or disclosure, including implementing appropriate security measures and
protocols.
Purpose Limitation: Personal information will only be collected for specified and legitimate
purposes, and will not be used or disclosed for purposes other than those for which it was collected,
except with the consent of the individual concerned or as required by law.
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Data Minimization: Payana will only collect personal information that is necessary for the purposes
identified, and will not retain it for longer than necessary. The importance of Data Safety and
security of protected or confidential data is further illustrated in the IT Manual.
Accountability: Payana will designate an Ombudsman responsible for overseeing compliance with
this policy and handling inquiries or complaints related to privacy and confidentiality.
Breach of Confidentiality and Privacy
Payana considers the breach of confidentiality and privacy as a serious offense, which undermines
the trust, integrity, and reputation of the organization. The following actions constitute breaches of
confidentiality and privacy:
1. Unauthorized Disclosure: Sharing personal or sensitive information with unauthorized individuals
or entities without the consent of the individual concerned or the consent of Payana management
shall constitute a breach of confidentiality or privacy. This includes discussing confidential matters in
public spaces, on social media platforms, or with individuals who do not have a legitimate need to
know.
2. Accessing Information Without Authorization: Viewing, accessing, or obtaining personal or
sensitive information without proper authorization or a legitimate business need (as determined by
the Payana management). This includes accessing electronic records, files, or databases that contain
confidential information without permission.
3. Improper Use of Information: Using personal or sensitive information for purposes other than
those for which it was collected or authorized. This includes using confidential information for
personal gain, harassment, or discrimination against individuals associated with Payana.
4. Failure to Safeguard Information: Failing to take reasonable measures to protect personal or
sensitive information from unauthorized access, use, or disclosure. This includes leaving confidential
documents or electronic devices unattended, using weak passwords, or failing to secure physical or
digital files containing sensitive information.
5. Negligent Handling of Information: Careless or negligent handling of personal or sensitive
information that results in its loss, theft, or unauthorized disclosure. This includes leaving
confidential documents in public view, sending sensitive information via unsecured email or postal
services, or failing to properly dispose of confidential materials.
6. Unauthorized Alteration or Destruction of Information: Making unauthorized changes to personal
or sensitive information or intentionally destroying or tampering with records to conceal
wrongdoing or manipulate information.
7. Failure to Report Breaches: Failing to report breaches of confidentiality and privacy in a timely
manner to the designated Ombudsman or relevant authorities, as required by law or organizational
policies.
Consequences of Breach:
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Any breach of confidentiality and privacy will be thoroughly investigated, and appropriate
disciplinary action will be taken against the responsible individual(s). Consequences may include but
are not limited to:
- Verbal or written warning
- Suspension or termination of employment or contract
- Legal action and civil liabilities
- Reputational damage to the individual and the organization
Reporting Breaches:
Employees, volunteers, contractors, and partners are required to report any suspected breaches of
confidentiality and privacy to the designated Ombudsman or relevant authorities as soon as
possible. Failure to report breaches may also result in enquiry and/or disciplinary action against the
errant personnel. All personnel shall be protected through the Payana Whistleblower Policy in their
reportage of any breaches, misconduct or wrong-doings under the Confidentiality and Privacy Policy.
Punishment and Penalties for Violations:
Violations of this Confidentiality and Privacy Policy may result in disciplinary action, up to and
including termination of employment or contract, as well as potential legal consequences in
accordance with applicable laws and regulations.
Non-Disclosure Agreement
As part of my association with Payana, I, [Employee/Volunteer/Contractor Name], acknowledge and
agree to maintain the confidentiality of any sensitive information to which I may have access in the
course of my duties. I understand that this includes but is not limited to personal information
relating to sexual orientation, gender identity, HIV status, and any other sensitive information
disclosed by individuals associated with Payana.
I further agree not to disclose any confidential information to third parties without the express
consent of the individual concerned or as required by law. I understand that unauthorized disclosure
of confidential information may result in disciplinary action, up to and including termination of my
association with Payana.
Signed: _______________________________
Date: _________________________________
