Blog #7: Have you ever shared sensitive information?
In early December, 2024, I participated in a session entitled “Working Together with First Nations, Inuit and Métis Peoples in a Good Way”. The session was sponsored by Laurentian University, Sudbury, Ontario. I was asked if I ever shared sensitive information within the confines of a relationship with a First Nation. My answer was “yes”. At the time, I did not provide the important context for my answer. I provide that context in this blog.
The first time I was requested to disclose sensitive information by a First Nation, I refused. I immediately saw negative body language. I had not anticipated that question. Yet, it was inevitable I would be asked. I had not considered how I could or would respond. I was not prepared. I fell back on the safe position “I cannot share”. It may have been an appropriate answer, but it was not good for the relationship.
I went away and thought about the request to share sensitive information. I isolated five factors that would guide my answer in the future:
a) define your sensitive information: First, be certain all participants share the same understanding of what constitutes sensitive information. I leave that to you to determine in the context of your business sector, but it could be health information, financial information, business information, or research information.
b) engagement expectation: An outcome of First Nations engagement is formation of a relationship based on trust. Unwillingness to share sensitive information, without an appropriate explanation, amounts to saying “I don’t trust you.” That is not a foundation on which to build a relationship.
c) understanding of people involved in building the relationship: If there is sensitive information that cannot be shared, discuss early in the development of a relationship types of information you can and cannot shared and the reasons why. If there is a legal reason, state and explain it and the consequences (see following point). Providing a clear explanation helps those involved understand why you will not, or cannot, share sensitive information.
d) governing law: Is there a law that precludes disclosure of sensitive information? If you work for a company that is subject to a Securities Act law, or a consulting company providing services to a publicly traded company, and you have access to “material non-public information”, disclosure of sensitive information may be prohibited by law especially if you trade stocks using that information or disclose that information to others. I am not a legal expert, but in some jurisdictions you may be able to share sensitive information if it is a "necessary course of business". In this case, if sensitive information is shared because it is a "necessary course of business", it should be done in a controlled manner with careful risk assessment. In advance of being asked to share sensitive information, and you will be asked, assess your particular situation now. Discuss with your executive team. Include legal counsel. An error in judgement can be very serious.
e) policy, directive, practice: If there is a policy, directive or practice that governs sharing of sensitive information, discuss those with your senior company officials, including legal counsel. Perhaps that policy, directive, or practice is outdated and needs to be modernized. In general, my hierarchical order was: policy supersedes directive, which supersedes practice.
f) do not expose others to legal or job risk: I never delegated a decision to share sensitive information to a staff person. If sharing sensitive information was important to maintain and grow the relationship, I, as the Director of the Ontario Geological Survey, assumed that responsibility and accountability. Do not expose others to legal or career risk.
I reiterate, you will be asked to disclose sensitive information during your engagement process. Determine “now” how you will respond to that question.
Andy Fyon: January 27, 2025
