Your how-to: Reviewing existing mental wellness digital tools for compliance with privacy standards
Reviewing existing mental wellness digital tools for compliance with privacy standards refers to the systematic analysis of mental health and wellness tools - such as apps, online platforms, or softwares - that are currently used by the company. The aim of this review is to ensure compliance with the privacy laws and industrial standards to protect employee data.
This process involves verifying that all mental wellness tools used within your organisation adhere to the Australia’s Privacy Act 1988, the Australian Privacy Principles (APPs), and any other relevant state and territory-based health records legislation. It also includes maintaining compliance with the standards set by industry bodies, such as the Australian Cyber Security Centre and the Health Information Trust Alliance.
In the workplace context, the main focus is on the privacy and protection of personally identifiable information (PII) of the employees. This can include any data that may reveal an individual's mental health status or history. The tools under review may include Employee Assistance Programs (EAP), digital counselling services, mindfulness apps, or any other digital solutions your company utilises to promote and manage mental wellbeing. As well as data security, consideration should be given to the transparency, accessibility and control employees have over their personal information collected and processed by these tools.
Step by step instructions
Understand Applicable Privacy Legislation: Firstly, familiarise yourself with Australia’s Privacy Act 1988, the Australian Privacy Principles (APPs), and all relevant state and territory-based health records legislation. Understanding these laws is fundamental since they direct how personally identifiable information (PII) must be handled to ensure employee privacy.
Tool-by-Tool Compliance Check: After listing all mental wellness tools, conduct an individual compliance check. Verify whether they conform to the mentioned legislation, focusing mainly on the privacy, transparency, and protection of employees' PII.
Assess Data Safety Measures: Evaluate the cyber security measures these tools implement. Cross-check these measures with the standards set by the Australian Cyber Security Centre and the Health Information Trust Alliance to ensure that data is not vulnerable to breaches.
Keep Up-to-date with Legislation: Changes Finally, the privacy landscape is ever-evolving. Keep up-to-date with any amendments to legislation, industry standards, or significant privacy breaches in the news. These changes could impact the tools your organisation utilises and their compliance status.
Identify All Mental Wellness Digital Tools in Use: Identify every digital tool your organisation utilises to promote and manage mental wellbeing. These could include Employee Assistance Programs, digital counselling services, mindfulness apps, etc. Document each tool's name, purpose, and the kind of data it collects.
Review Consent Mechanisms: Examine the consent mechanisms these digital tools employ. Ensure they provide clear, understandable information about the collection, use, and disclosure of participants' data. The users should have an option to opt-out or withdraw consent, even after initially providing it.
Consider Employee Access and Control: Consider the ease of access and control employees have over their information. They should be able to view, correct, and delete their personal data at their discretion.
Implement Regular Reviews: Make it a regular practice to review the privacy compliance of your mental wellness tools. Privacy is not a 'set and forget' issue; it requires ongoing attention to ensure continued legal and ethical management of sensitive personal and health data.
Use this template to implement
To ensure you can execute seamlessly, download the implementation template.
Pitfalls to avoid
A complex, non-user-friendly interface can discourage employees from using the digital tool. Therefore, simplicity and ease-of-use must be considered to ensure the practical and efficient use of these digital tools alongside maintaining privacy standards.
Most digital wellness tools are designed to cater to a wide range of environments, hence they may not tick specifics of your workplace culture and privacy norms. Always ensure the tool is adequately tailored to meet your organisation's specific privacy requirements.
It's very easy to be swayed by buzzwords and sleek presentations. However, without a deep-dive into the tool's details, features, and customer reviews, you risk picking one with insufficient privacy compliance or unsuitable for your workplace environment.
Before implementation, conduct a thorough assessment of how the tool interacts with other systems and affects your organisation's privacy. Make sure it does not secretly undermine the existing data protection structure.
While importing or exporting data, it's imperative to understand the right protocol ensuring your data stays secure. Always cross-verify the policy of the tool in question and ensure it aligns with your privacy standards.
Ensure that the tool resorts to 'Privacy by Design,' ensuring standard privacy policies are embedded in its design. It should have features like end-to-end encryption, no third-party sharing, and anonymous data collection.