Wisconsin Board of Directors Confidentiality Policy

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US-1060BG
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Board members have limits on how they can share information and with whom they may share it. Maintaining confidentiality means that board members must maintain the confidentiality of any personal or sensitive information they acquire during their service to the board. Board members are in a fiduciary relationship with the corporation. This means that they are obliged to act honestly and in good faith in respect of the corporation. The obligation has many components, including a duty to avoid conflicts of interest and a duty to avoid abusing their position to gain personal benefit. One component of board members' fiduciary obligation is a duty to maintain the confidentiality of information that they acquire by virtue of their position.
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FAQ

As a board member, you have an obligation to hold in confidence those things that are mutually determined by your fellow board members to be confidential.

As part of the duty of loyalty, a director cannot take advantage of corporate information for his or her own personal interests. A director generally must protect the privacy and secrecy of the corporation's legitimate internal activities.

Issue a Letter Addressing the Breach The letter should remind the member of their fiduciary duty and explain in clear terms that they are not allowed to reveal confidential matters. This is otherwise known as a censure. If that does not get their attention, you can follow up with a cease-and-desist letter.

There is a safeguarding concern that may have a wider impact. For example, if someone alleges that they have been abused by a volunteer but asks you not to say anything. You would have to report this as it's in the public interest that it's investigated. There is a safeguarding issue that concerns a child.

All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient.

The so-called common law duty of confidentiality is complex: essentially it means that when someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification.

Under ethical and legal requirements, your counselor or psychologist would break confidentiality in the event of clear and imminent danger to yourself or another person. Wisconsin law requires that counselors disclose information regarding present child abuse or neglect.

Wisconsin law recognizes an individual right to privacy. Under the statutes and case law, a person may bring a civil action for damages resulting from an invasion of privacy. For purposes of civil relief, an invasion of privacy is defined as any of the following: Highly Offensive Intrusion on Privacy.

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Wisconsin Board of Directors Confidentiality Policy