What Is Confidentiality?
Part one of our series on confidentiality and the ombuds practice
Confidentiality is the backbone of Ombuds work – its defining principle. It’s hugely important because only one in four workers report when an incident happens in their workplace – and one of the main reasons workers stay silent is because they fear being retaliated against or being deemed “difficult to work with.” As studios combine and the number of productions contracts – meaning fewer jobs available – workers may feel they are at even greater risk. Confidentiality creates a neutral environment that encourages an open conversation.
When someone contacts us, they’re often feeling the burden of too many options – or too few… the choice between entering a labyrinth of HR and legal, or saying “forget it” and remaining silent. We help with that. An ombuds' role is to listen, provide information, and connect workers to resources when they ask for help; we are an impartial resource, not judges or arbitrators.
As the Ombuds, I’ll start every call by explaining that I will not document our call and will destroy any notes I take when they are no longer needed. We’re starting our work with a blank page. And once visitors know that their identity is safe, my work can begin.
To be clear, confidentiality is not the same thing as anonymity. Anonymity removes a person's identity altogether, but confidentiality entrusts an ombuds with safeguarding the personal information shared with them. By ensuring confidentiality, I can better understand who I’m talking to while keeping their information secure.
You can see this in practice with a recent example. When a writer came to me after a distressing hiring decision, I helped them better understand their rights and connect to people inside the company who could support them going forward.
The writer's assumption that formal investigation was the primary option is itself part of the challenge. When employees don't know what resources are available to them before something goes wrong, the most visible option becomes the only option they can imagine.
What information is protected?
Simply put, confidentiality covers any information that could be revealing. That’s not only the caller’s basic info. It also might include the name of a production, descriptions of their job, their skills, or the hours they usually work. We seek to minimize the risk that a person could be identified.
When is confidentiality broken?
Confidentiality is always the goal. But there are certain, broad circumstances in which I have to make the difficult decision to break it – such as when a caller is a threat to themselves or someone else.
In other cases, a caller may ask me to share key information on their behalf. When they do, we’ll have a frank discussion, and I’ll get explicit consent to share specific information before I reach out to production contacts, and then I’ll share only what they’ve authorized me to discuss.
Confidentiality is the principle that makes Ombuds work possible. It frees the caller from the fear of retaliation, and opens me up to give my best guidance for the specific situation the caller faces.
About the ombuds
Lillian Rivera (she/they) is the Entertainment Industry Ombuds.
The Ombuds is an unbiased resource to help members of your organization navigate their experience and/or explore available reporting options and next steps.
Lillian serves in an informal capacity and does not have the authority to act on behalf of any member of your organization.
Click here to learn more and schedule time with the Ombuds.
About the Hollywood Commission
Led by board members Anita Hill, Chair and President; Cindy Holland; Alan Jenkins; Kathleen Kennedy; John Landgraf; and Nina Shaw, The Hollywood Commission brings together 26 companies, unions, guilds, academies, and talent agencies to end harassment, discrimination, bullying, and abuse in the entertainment industry.
Click here to learn more.