Access to information and information sharing in Anchor work

Anchor work offers added value to clients, promoting the wellbeing of adolescents. It is based on voluntary participation and the adolescent’s consent, as regards information exchange among authorities. While every operator performs their own role within the relevant legislative framework, it is useful for them to be aware of the legislation applicable to other operators.

When carrying out Anchor work, operators comply with the legislation applicable to their field and follow the measures required by legislation. In other words, Anchor work involves both consent-based early support offered to the child/adolescent (e.g. youth worker services) and binding statutory measures such as those related to a criminal procedure involving an adolescent (e.g. a criminal investigation carried out by the police or a service need assessment performed by a social worker). It is important that everyone on the team has an idea of the relevant legislation and the related opportunities and limitations.

It should be kept in mind that Anchor work is generally based on voluntary participation. It provides added value to the client by enabling them to meet various professionals at the same time, which makes handling the client’s case smoother and facilitates progress. Although operations are voluntary, any legislation related to information exchange must be taken into account.

This section discusses legislation relevant to Anchor work. It also includes education-related legislation dealing with information exchange.

Table 1. Legislation related to multi-professional collaboration promoting the wellbeing of adolescents and preventing crime through Anchor work

Information exchange in Anchor work

In Anchor work, information exchange among operators is an important way of promoting the wellbeing of adolescents and preventing crime. The exchange of information helps, in part, to create an overview of the adolescent’s situation and identify aspects that would remain unnoticed if relying on the information of a single occupational group only. The exchange of information within the Anchor team is governed by the adolescent’s right to self-determination and best interest, as well as the professionals’ secrecy obligation. It is based on legislation applicable to the adolescent’s information and the operation of professionals (Table 2).

The exchange of information means disclosing or receiving client information between professionals. Information concerning the adolescent is covered by privacy protection. However, the adolescent can give their consent for the exchange of information. In the absence of such consent, information exchange among professionals is legitimate only if it is authorised by law. The scope of information exchange in Anchor work depends on the necessity of the information exchanged, the measures required and an assessment of the best ways to support the adolescent and where further work with the adolescent will take place. The exchange of information involves processing the information carefully according to the provisions and guidelines of the relevant administrative branch.

The authorities have the obligation to observe secrecy in matters concerning the adolescent. Confidential matters include reports of crime, accounts concerning the prevention of crime, client information in social services, patient health information and information on the adolescent in outreach work. Notwithstanding confidentiality, authorities are still under the obligation to report any need for child welfare to social welfare services, as well as specific cases of suspected crime to the police.

The adolescent’s consent is requested for information exchange within the Anchor team. The professionals can then exchange necessary information concerning the adolescent if required to secure the adolescent’s best interests and within the scope required to satisfy these best interests. If the topic of the meeting is a matter that can be discussed without the adolescent’s consent, the professionals can disclose information as specified by the applicable legislation. For example, the adolescent’s consent is not needed to exchange information in connection with a child welfare report or, if specific conditions are met, to assess the threat of violence.

Read more about adolescent's consent to the exchange of information in the section Consent for information exchange.

Aspects to consider in information exchange

Concerning the information exchanged:

• Type (e.g. patient information – Act on the Status and Rights of Patients)
• Necessity
• Disclosure (e.g. the right to disclose information)
• Reception (e.g. the recipient’s right to process information)
• Context of the information (e.g. specific crime, threat, child welfare case)
• Purpose of use (e.g. preventing crime, assessing the need for service)
• Discretionary nature (e.g. restriction of privacy in relation to the purpose)
• Scope of processing (e.g. limited disclosure of information)
• Processing (e.g. storage location, data protection)

Further information about legislation

To carry out their work, each operator must be familiar with the legislation in their own sector concerning collaboration and information exchange. In addition to the previously mentioned legislation, the following table provides information about legislation related to information disclosure and the right to obtain information in Anchor work.

Table 2. Legislation concerning the disclosure of information and the right to obtain information in Anchor work