Confidentiality Policy: Board Assistants Team Committee

In the course of performing their duties, Board Assistants Team (BAT) members will be privy to information about OTW volunteers past and present, OTW contractors, private committee information, and AO3 user data. BAT members may also see non-public information and projects of other committees on OTW tools. BAT members are expected to uphold the highest standards of confidentiality, and may not disclose to anyone outside the sitting Board of Directors or the relevant committee(s) any information considered confidential and/or privileged that they learn.

Definitions

Confidential Information is:

  • any information that is deemed Confidential by the Board
    • BAT members may bring specific items, sensitive issues and/or discussions to the Board to determine Confidentiality.
    • Upon presentation of such content, the Board will decide by consensus as to its Confidential nature.
    • BAT members do not get to determine whether Board information is deemed Confidential but instead must abide by the rulings of the Board.
  • any information that is created for or shared with Board under an expectation of confidentiality.
  • any information that is created for or by the Board that, in the ordinary course of operation, would not be available to people outside the Board or BAT.
  • any document or communication labeled “Confidential”
    • documents not labeled “Confidential” may still be Confidential as defined above.

Confidential Information includes, but is not limited to:

  • planning documents
  • commercial and legal negotiations
  • members’, users’ and volunteers’ records and personal information
  • personnel files
  • security guidelines
  • any other matters related to discipline issued or conducted by Board members
  • any vote of the Board, (both the numbers of affirmative and negative votes, and the individual votes of Board members), unless confidentiality is specifically waived
  • information about other committees and their projects

When dealing with Confidential Information, perception of confidentiality is also important to give users confidence in their interactions with the Board. When sharing any Information that could be perceived as Confidential, BAT members must indicate that the information they are sharing is not Confidential or has been approved by the Board for release.

BAT members may not:

  • disclose to anyone outside the sitting Board of Directors or the relevant committee(s) any information
    considered Confidential and/or privileged that they learn.
  • except as expressly provided, under no circumstances may any BAT member disclose to anyone outside the BAT or Board of Directors the names, pseudonyms, or other personally identifying information of individuals they may learn in the course of their work on the BAT.

In addition to the above, although the OTW Board and the BAT are committed to transparency about their processes and proceedings, BAT members will not share other information about internal OTW matters that involve specific people—whether volunteers, users, or other fans—except with other BAT members, Board members, the parties involved, any committee chair(s) involved, the Legal Committee, or as legally required. On occasion when the input of another committee such as Legal or Translation is involved, only the pertinent information will be released. When BAT members share information about internal OTW matters in this way,

  • this must be done only under instruction from the Board
  • all personnel with whom it is shared must be informed that the Information must not be disclosed

Additionally, any Personal Identifying Information (PII) of volunteers, members, users, or anyone else who contacts the OTW Board will be shared outside the OTW only when required by law, and only the minimally necessary information will be shared.

Confidential Information learned while doing work for the Board must not be used in any context but to carry out OTW work.

During their time on the BAT, BAT members may:

  • discuss Confidential Information with each other in their private channels, or other forms of private direct communication such as videoconference, telephone, and e-mail.
  • discuss Confidential Information in private shared Board-BAT channels.
  • share Confidential Information with the Legal Committee for purposes of consultation.
    • The Legal Committee is bound both by confidentiality and attorney-client privilege to keep such information confidential.
  • release email/ticket information in anonymous aggregate in internal OTW or external public spaces, including email/ticket totals and general email/ticket themes and trends only following BAT Chair or Board permission.

Notwithstanding the above, there may be circumstances in which the Board may decide to make a public announcement that discloses information derived from Confidential Information. For example, while a planning document is Confidential Information, a formal announcement that OTW is implementing the plan is not Confidential Information. Determining when and how to publicly disclose information derived from Confidential Information requires a unanimous vote of the Board, except any Board members that are on formal hiatus. BAT members do not take part in these votes but may disclose information derived from Confidential Information if expressly instructed to by the Board.

Enforcement

Breaches of the BAT Confidentiality Policy will be pursued as per the Constructive Corrective Action Procedure, and may result in warning, suspension or direct termination from the BAT or from the OTW, depending on the severity of the misconduct, to be decided by the BAT Chair(s) in consultation with the Legal Committee and the Board of Directors. Possible penalties will take into account the intent and breadth of the breach: an accidental minor leak in an Org-only channel that is immediately deleted will be dealt with differently than posting the full contents of a Board email on social media.

If Confidential Information is disclosed, the individual who disclosed and/or discovered the information must notify the BAT Chair(s) immediately upon discovery so that damage from the release may be minimized.

Survival

This policy applies both while a member of the BAT and after your service has ended, including during any future service for the OTW in any other capacity.

Effective Date and Review Schedule

This policy is effective beginning December 27, 2023.

This policy will be reviewed annually as listed on the BAT Calendar. Any member of the BAT may suggest changes to this document. If the BAT Chair(s) believe the changes to be useful, they will consult with Legal before implementing the changes, to ensure there are no potential conflicts or unclear language.

Any changes will be logged in the wiki history tab with a note explaining the change.