Privacy and confidentiality

Open tool box with tools

Return to the Toolkit home

Privacy

It is important to understand what kind of information must be kept private. The primary office that oversees privacy issues on campus is the Privacy Office within the Office of Ethics, Risk, and Compliance; the Office of Legal Affairs can also advise you on specific situations. As an academic leader, it is particularly important to know about FERPA, HIPAA, and employee personnel records.

  • FERPA. Student academic and conduct records are protected by Federal Family Educational Rights and Privacy Act of 1974 (FERPA). The Registrar's Office has information and a quick guide to FERPA. You can also sign up for a training.
  • HIPAA. Student and employee health information is protected by HIPAA and should not be shared without a waiver. Students who need support or academic accommodations for a health condition should work with University Health Services or the Disabled Students Program, respectively. Employees who need medical leave or workplace accommodations for a disability should use the accommodations process (see the "disability" section of this site). Do not ask students or employees for medical details, nor share any which are voluntarily disclosed.
  • Personnel records. Information about performance reviews, disciplinary action, and other such matters is generally regarded as private, shared only on a need to know basis. When in doubt, ask. 

As a public institution, UC Berkeley must make certain records available (sometimes in redacted form) under the Public Records Act. Access is managed through the Public Records Coordinator in the Office of Legal Affairs.

Confidentiality and confidential resources

You may be asked to keep information in confidence. There are limits to your confidentiality, however. As a Responsible Employee and a Campus Security Authority, you have reporting obligations for certain kinds of (alleged) misconduct or crimes. You may also be a mandated reporter under CANRA and the UC CANRA reporting policy. 

The campus does offer confidential resources who do not have all of these obligations, and you should keep a list of these resources handy in order to warmly refer people who wish to speak in confidence: