When breaking confidentiality to warn a potential victim, what documentation and procedures should be followed?

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When there is a credible threat to a potential victim, breaching confidentiality can be warranted under law and policy to prevent harm, but it must be done carefully and with proper documentation. The best approach is to document the exact rationale for breaching confidentiality, including the risk assessment that led to the decision and the legal or policy basis for disclosure. Record what information is being shared, with whom it is disclosed, and why only the minimum necessary information is needed. You should involve and notify a supervisor and follow your institution’s procedures, ensuring the disclosure aligns with applicable statutes and organizational policy. After documenting the rationale and actions, proceed with the mandated steps to warn or protect the potential victim as allowed by law, and continue to follow up in accordance with policy.

Skipping documentation or handling the disclosure informally undermines accountability and may expose you and the organization to legal risk. Simply notifying a coworker without following established procedures, or recording the incident as confidential and then deleting it, fails to meet professional responsibilities and could leave the victim unprotected.