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Social workers: CNIL recommendations to protect the data of people being supported

Published on 24 January 2019
Update on 26 September 2022
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Summary

Social workers are on the front line when it comes to the millions of French people who are far from or in difficulty with the digital world (see, in this regard, " social work in the digital age ".

On July 3rd, the High Council of Social Work (HCTS), reminded us that " social work" is based on the relationship with the other, in his singularity and respect for his dignity . Thus, social workers

  • ensure that they act with the person and not in his or her place, even if sometimes time savings and a certain search for efficiency may prompt them to do so.
  • seek his or her informed consent, that is, his or her agreement after having given him or her all the information and explanations necessary for his or her decision.
  • Involve the person and promote his/her autonomy. Respect for the dignity of individuals requires respect for their privacy.
Also, the use of digital tools must not go against the respect of legal obligations written in particular in the code of social action and families, the CNIL legislation and the general regulation of the data protection RGPD.

The computerized entry of data distributed and stored on a network raises questions about information sharing. If in the past social workers kept control of the information they collected, the systematic sharing of information through the computer system makes this mission more delicate today. They must therefore be vigilant about the risks involved and guarantee the respect of professional secrecy to which a majority of social workers are bound either by mission or by profession. Only the exemptions provided for in the texts allow for the lifting of professional secrecy for protection purposes. This is why, in compliance with the law, the sharing of information must remain limited to the conduct of actions by seeking the agreement of the persons concerned. The law must be applied: the accessibility of files to all staff of a structure, regardless of their status, and lists of passwords stored by social services are prohibited, even if these uses may seem practical. The HCTS and the CNIL remind us that professionals should only collect information that is useful and necessary for the performance of their duties. Consequently, professionals must ensure that the use of digital tools allows them to comply with their legal obligations or at least, that their use does not hinder the respect of their obligations.

Fact sheets and a sample mandate

The CNIL has just published an information kit for professionals who may be required to collect personal data from social service beneficiaries when assisting them with online procedures.

" The dematerialization of public services constitutes, for some users, a real obstacle to access to rights and/or to the completion of certain mandatory procedures. The reasons can be multiple: lack of adapted computer equipment, lack of mastery of computer tools...

These users are therefore led to go, when they can, to digital public spaces (EPN) or to social counters, in order to request support to enable them to carry out their digital procedures.This support can take different forms:
  • providing training in the use of digital tools ("I train");
  • assistance in completing online procedures ("I accompany");
  • carrying out online procedures in the user's place ("I do it in the place of").
Social workers are thus led to collect and use the data of the people they accompany.To guarantee the respect of their privacy and the confidentiality of their data, the CNIL has developed
  • the "good practice sheets" to which a number of actors have contributed: the Caisse nationale des allocations familiales (Cnaf); the Restos du Cœur; the Ministry of Solidarity and Health; the petits frères des Pauvres; Pôle emploi; the French Red Cross; the Association des Départements de France (ADF); the Association des Maires de France (AMF); the Fédération des Acteurs de la Solidarité; the Association pour l'accompagnement et le maintien à domicile (Apamad); the Ecole Nationale Supérieure des Sciences de l'Information et des Bibliothèques (ENSSIB); the Association nationale des assistants de service social (Anas);
  • a model mandate to govern the use of user data by the professional, particularly when the latter carries out procedures on behalf of a user.
These documents are intended to be completed and personalized according to the specificities of the support or the organization concerned.

Références :

Sources

Social workers: CNIL recommendations to protect the data of people being supported

Social workers are on the front line when it comes to the millions of French people who are far from or in difficulty with the digital world (see, in this regard, " social work in the digital age ".

On July 3rd, the High Council of Social Work (HCTS), reminded us that " social work" is based on the relationship with the other, in his singularity and respect for his dignity . Thus, social workers

  • ensure that they act with the person and not in his or her place, even if sometimes time savings and a certain search for efficiency may prompt them to do so.
  • seek his or her informed consent, that is, his or her agreement after having given him or her all the information and explanations necessary for his or her decision.
  • Involve the person and promote his/her autonomy. Respect for the dignity of individuals requires respect for their privacy.
Also, the use of digital tools must not go against the respect of legal obligations written in particular in the code of social action and families, the CNIL legislation and the general regulation of the data protection RGPD.

The computerized entry of data distributed and stored on a network raises questions about information sharing. If in the past social workers kept control of the information they collected, the systematic sharing of information through the computer system makes this mission more delicate today. They must therefore be vigilant about the risks involved and guarantee the respect of professional secrecy to which a majority of social workers are bound either by mission or by profession. Only the exemptions provided for in the texts allow for the lifting of professional secrecy for protection purposes. This is why, in compliance with the law, the sharing of information must remain limited to the conduct of actions by seeking the agreement of the persons concerned. The law must be applied: the accessibility of files to all staff of a structure, regardless of their status, and lists of passwords stored by social services are prohibited, even if these uses may seem practical. The HCTS and the CNIL remind us that professionals should only collect information that is useful and necessary for the performance of their duties. Consequently, professionals must ensure that the use of digital tools allows them to comply with their legal obligations or at least, that their use does not hinder the respect of their obligations.

Fact sheets and a sample mandate

The CNIL has just published an information kit for professionals who may be required to collect personal data from social service beneficiaries when assisting them with online procedures.

" The dematerialization of public services constitutes, for some users, a real obstacle to access to rights and/or to the completion of certain mandatory procedures. The reasons can be multiple: lack of adapted computer equipment, lack of mastery of computer tools...

These users are therefore led to go, when they can, to digital public spaces (EPN) or to social counters, in order to request support to enable them to carry out their digital procedures.This support can take different forms:
  • providing training in the use of digital tools ("I train");
  • assistance in completing online procedures ("I accompany");
  • carrying out online procedures in the user's place ("I do it in the place of").
Social workers are thus led to collect and use the data of the people they accompany.To guarantee the respect of their privacy and the confidentiality of their data, the CNIL has developed
  • the "good practice sheets" to which a number of actors have contributed: the Caisse nationale des allocations familiales (Cnaf); the Restos du Cœur; the Ministry of Solidarity and Health; the petits frères des Pauvres; Pôle emploi; the French Red Cross; the Association des Départements de France (ADF); the Association des Maires de France (AMF); the Fédération des Acteurs de la Solidarité; the Association pour l'accompagnement et le maintien à domicile (Apamad); the Ecole Nationale Supérieure des Sciences de l'Information et des Bibliothèques (ENSSIB); the Association nationale des assistants de service social (Anas);
  • a model mandate to govern the use of user data by the professional, particularly when the latter carries out procedures on behalf of a user.
These documents are intended to be completed and personalized according to the specificities of the support or the organization concerned.

Références :

Sources

Labo Société Numérique

Labo République Française Agence nationale de cohésion des territoires
Social workers: CNIL recommendations to protect the data of people being supported