Confidentiality / Data Protection Issues PART III Minority issues can be sensitive in nature and the ombudsman must have a policy on confidentiality and privacy of personal data. The minority ombudsman institution will frequently deal with information of a sensitive and confidential nature, and it is crucial that it have a policy on confidentiality. Furthermore, many jurisdictions now have legislation with respect to data protection, and the institution must ensure that its processes and procedures, particularly those relating to the conduct of investigations, adhere to such legislation. It is important that staff be trained in such legislation, and in the institution’s policies to implement it. In investigating complaints, the institution may require and may otherwise receive private information relating to the complainant(s). Such information should not reach the public domain or, indeed, be received by the public body which is subject to the complaint. Depending on the seriousness of the allegation brought by a complainant against a public body, information concerning the identity of the complainant may need to be concealed. Without an adequate policy on the confidentiality of such personal information, the institution will not be fully trusted by the minority communities; potential complainants will be reluctant to bring complaints, and members of minority communities will be less likely to participate in fact-finding work. In the course of its investigatory work, the institution may also come into possession of information about the work of a public body which should also not come into the public domain. Examples include information that could compromise public security or the security of the complainant or their family or community, information that could be exploited for commercial or political advantage, and information that may otherwise be classified. Also, public bodies themselves often have information of a private or confidential nature, including personal data, trade secrets, financial information and so forth. Where this sort of information comes into the hands of the minority ombudsman institution, it must also be subject to the confidentiality policy. Without an adequate policy on the confidentiality of such information, public bodies may be reluctant to work cooperatively with the institution, thereby limiting its effectiveness. Once developed, the confidentiality policy should be publicized, so that both public bodies and members of minority communities are aware that their confidential information will be treated appropriately. Confidentiality can also be promoted by entering into confidentiality agreements with staff, and by making the breach of such agreements punishable. 60