April 29, 2021

U.S. Olympic Athlete Ombuds Publishes Confidentiality and Privacy Policy

Pursuant to a congressional directive, the U.S. Olympic & Paralympic Committee's Office of the Ombudsman has released its confidentiality and privacy policy. The notice was effective April 26, 2021 and was published in the Federal Register (the official journal of the federal government that contains agency rules, proposed rules, and public notices). The contours of the policy are generally consistent with IOA's Standards of Practice, with the significant exception of a congressional subpoena. 

Here is the full text of the policy:
Confidentiality and Privacy Policy
A. In general—The Office of the Athlete Ombuds shall maintain as confidential any information communicated or provided to the Office of the Athlete Ombuds in confidence in any matter involving the exercise of the official duties of the Office of the Athlete Ombuds.

B. Exceptions—The Office of the Athlete Ombuds may disclose information described in subparagraph (A) as necessary to resolve or mediate a dispute, with the permission of the parties involved.

C. Judicial and administrative proceedings.
a. In general—The ombudsman and the staff of the Office of the Athlete Ombuds shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office of the Athlete Ombuds.
b. Work product—Any memorandum, work product, notes, or case file of the Office of the Athlete Ombuds—
i. shall be confidential; and
ii. shall not be—
1. subject to discovery, subpoena, or any other means of legal compulsion; or
2. admissible as evidence in a judicial or administrative proceeding.
D. Applicability—The confidentiality requirements under this paragraph shall not apply to information relating to—
a. applicable federally mandated reporting requirements;
b. a felony personally witnessed by a member of the Office of the Athlete Ombuds;
c. a situation, communicated to the Office of the Athlete Ombuds, in which an individual is at imminent risk of serious harm; or
d. a congressional subpoena.
Dated: April 22, 2021.
Kathleen C. Wallace,
Athlete Ombuds.

Related posts: Olympic Ombuds to Speak at ABA Dispute Resolution Conference; South Sudanese Runner Will Compete in Olympics With Help from USOC Ombuds; U.S. Olympic Committee Appoints Next Ombuds; U.S. Olympic Committee Hires Associate Athlete Ombuds; Athlete Files Complaint Against Olympic Ombuds; USOPC Adds Third Athlete Ombuds

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