Confidentiality ……Sshh….!Confidentiality issues and

problems for interpreters and translators

Sue Leschen at Professionalisation vs. Deprofessionalisation Conference

Opatija, Croatia 2015

ConfidentialitySue Leschen

• Member of ITI and NRPSI Professional Conduct Committees

• Member of APCI Committee• Freelance legal and commercial

French Interpreter and Translator

• Independent CPD Trainer – legal terminology and other topics of professional interest

Confidentiality

• Definitions? • Wikipedia definition says: “Confidentiality is a set of rules or a promise that limits access or places restrictions on certain types of information”

Confidentiality

Definitions in Professional Codes of Conduct?• None in ITI or CIOL Codes! • References though to “confidential” information in

ITI and CIOL Codes• ITI Code refers to “privileged” information”

Confidentiality

ConfidentialityCIOL Code of Conduct Clause 3.13 says:

Members must respect confidentiality at all times

Members must not take advantage of information acquired due to the job

NB: Duty of confidentiality does not end when the job ends

Confidentiality

CIOL Code of Conduct Clause 3.14 states: • The duty of confidentiality does not apply when the

Law requires disclosure• Clause 4.3 states: • Members shall use best endeavours to ensure

confidentiality is observed by others such as our checkers, revisers, editors and other freelance colleagues or sub - contractors

Confidentiality

Clause 4.4 of the CIOL Code of Conduct states:• Members’ “consultations” regarding any

“difficulties” re language or terminology must remain confidential

• What does this mean?

Confidentiality

ITI Code of Professional Conduct Clause 4.1 re professional values:

Members to treat any privileged information and/ or confidential information as …confidential

Confidentiality

Principle 3 of the ITI Code entitled “Client confidentiality and trust” requires:

• Complete confidentiality at all times• “Privileged information” not to be communicated by

members to third parties without prior authority; any other persons “assisting” members not to communicate it either

• No gain to be derived from “privileged information”

Confidentiality

Clause 1.3 of ITI’s Principle 3 also states:• No member must disclose “privileged information” about

other members • But, what does “privileged information” mean? • Solicitor – client “legal privilege” – does this bind

Interpreters too?

Confidentiality

Emails: confidentiality disclaimers

If not for intended recipient:

Delete and destroyDo not copy

Do not distributeDo not disclose

CONFIDENTIALITY

To whom is duty owed? To the client?

To the client’s client?To members of a professional organisation?

To anyone bound by a Non Disclosure Agreement?

ConfidentialityTo what does the duty apply?

Business data and practices of the client? And those of the client’s client?

All interpreted words and figuresAll translated words and figures

Confidentiality

Which places does the duty of confidentiality apply to? Any venue that we work in:• Our home office • Our external co – shared office • Other work venues; police stations, courts, conference halls

and hotels • Venues we pass through to and from work: airports, train

stations, trains and planes

Confidentiality

The mysterious case of the stolen laptop! Facts of the case highlight need for:• Secure storage of laptops and USB sticks • Insurance of laptop and of any information stored on

it• Remote tracking devices • Caution if laptops taken out of a secure area

Confidentiality

• Client requires us to destroy confidential information on completion of assignment

• Should we, shouldn’t we? • Comebacks and/ or complaints in the future? • But - what if “evidence” which supports us has been

destroyed by us – what do we do then?

ConfidentialityNon Disclosure Agreements (NDA)

Not to disclose: payment information and/ or other arrangements

Information only for use on the jobNot to gain commercial advantage

Not to disclose information to third party

Confidentiality

Official Secrets Act 1911 • Sensitive information linked to State secrets • Life-long duty; Clause 3.13 of CIOL Code says

confidentiality may last after the job has ended and / or even after cessation of CIOL membership

• Alex Manfunchak case

Confidentiality

Data Protection Act 1988• Controls use of information about you • Keep only information which is fair, lawful, adequate,

relevant, accurate and not excessive • Safe and secure; only as long as necessary• Not outside of the UK if not protected• Right to obtain copies; exceptions apply

Confidentiality

Exceptions to the duty of confidentiality? Reasonable grounds for belief that abuse of: • Children • Elderly Or perhaps that • Client will kill himself and/ or others

Confidentiality

• The age and experience (or otherwise) of the individual will dictate how to approach a disclosure of potential or actual abuse

• An adult may verbally disclose abuse; a child may exhibit behaviour which suggests abuse eg non – verbal clues

• Victims of abuse may only tell us about the abuse if we promise absolute confidentiality – we can’t

Confidentiality

Are some breaches of confidentiality less serious than others – consider these 2 scenarios

• Interpreters in Court Hearings; public hearings and private (in camera) hearings?

• Translators and their clients’ competitors; references to clients and/ or to their products and/ or services?

ConfidentialityHow long should the duty last?

Months?Years?

For ever? In accordance with any Terms and Conditions?

* Restraint of trade clauses

Confidentiality

Penalties and/ or sanctions for breach of duty of confidentiality?

• Professional organisations; warn, suspend, expel• Language Service Provider may invoke financial

penalties etc

ConfidentialityBest Practice Scenarios

Interpreter - advance disclosure by Court of paperwork?

Translator – subcontracting of translation and proof reading?

Confidentiality

Thanks for listening – now let’s have a discussion! Any more questions or points that you want to raise

about confidentiality – this is your chance to speak up – unless it is confidential!

Go for it!