How to Protect Your Own Privacy

As a family child care provider you should be concerned about protecting the privacy and confidentiality of the families in your care. But what about your own privacy?

I have heard from a provider who found out that one of her day care parents secretly recorded her day with a digital camcorder hidden in her child’s diaper bag. What are your rights in this situation?

The Non-legal Answer

First, it is a good idea to speak with the parent about your concerns. This is not only a violation of your privacy, it also violates the privacy of the other families in your program. See if you can find ways to respond to any parent concerns about the safety of her child in your program. Parent mistrust can sometimes be resolved with more extended communication.

If you can’t reassure the parent that they shouldn’t be recording you then you should seriously consider ending your agreement. No parent should be recording in your home without your permission.

The Legal Answer

Each state has its own laws about privacy, but it is likely that it is illegal for a parent to violate a provider's privacy by recording you without your permission in your home. If you want to know what the law is, talk to your licensor. If he or she doesn't know, check out your state laws online (look under laws on privacy) or contact your county attorney's office for more information.

If such recording is against your state's law, then you could pursue legal action against the parent. Or you could just ask the parent to give you the tape recording or destroy it in your presence.

Regardless of whether or not such recording is against the law, youcan always tell the parent that she can no longer do this, and that if she doesit again you will terminate care. Or you can terminate care immediately if yourcontract allows you to do so.

Other Issues

This situation is an example of why a provider's contract should say, "Provider may terminate this agreement at will," rather than requiring you to give the parent a two-week notice before terminating. This allows you to terminate the parent in situations that are harmful to your program, like the one cited above.

Other situations in which you may want to terminate your contract immediately are when a parent won't pay you on time, a parent threatens you, or a parent is bad-mouthing you to other parents.

To help reduce the possibility that privacy rights are being violated, talk with your parents about the importance of privacy for everyone. Adopt a privacy policy that explains to parents that you will not share any information about their family without their permission.

(One exception: Most states require licensed providers to share certain information about the children in care with licensors, police, and other government agencies.) Urge the parents not to share any information about your family.

Here’s an example of what your privacy policy might say:

            “ I will do all thatI can to protect your family’s privacy and I will abide by our state’s privacylaw. In addition, I will keep all records and information about your child andyour family private and confidential, unless I have your written permission toreveal specific information. I ask that you also respect the privacy of myfamily by not sharing any information you learn about my family with others,without my written permission.”

For more information on privacy issues, see my Family Child Care Legal and Insurance Guide.

What privacy issues have come up in your program?

Tom Copeland - www.tomcopelandblog.com

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