Complying with Data Collection & Confidentiality Requirements: A BT’s Guide

As a Behavior Technician (BT), you’re entrusted with sensitive information every day. From progress‑monitoring sheets to medical notes, maintaining confidentiality and following data‑collection laws isn’t optional—it’s pivotal to ethical, legal, and effective practice. Here’s how to keep your data on lock.

1. Know the Key Laws: FERPA & HIPAA

• FERPA (Family Educational Rights and Privacy Act)

  • Protects educational records (e.g., IEPs, progress logs)

  • Governs schools and districts—applies any time you work in a public or private school setting

• HIPAA Privacy Rule

  • Protects health information (e.g., therapy notes, diagnoses)

  • Applies in clinical or medical settings where you store or transmit Protected Health Information (PHI)

Your Takeaway: If it identifies a learner—name, birthdate, photo, or even session notes—treat it as confidential under both acts (as applicable).

2. Secure Your Electronic Data

1. Use Approved Systems Only

   • Upload all session notes, data sheets, and progress charts to the secure database your supervisor designates.

   • Avoid emailing worksheets or storing files on personal devices.

2. Follow Access Controls

   • Never share your login credentials.

   • Log out or lock your screen when stepping away.

3. Report Breaches Immediately

   • If you suspect unauthorized access, notify your supervisor or compliance officer at once.

3. Safeguard Physical Materials

• Binders & Data Sheets

  • Transport quickly between home, office, and school—never leave them unattended.

  • Store in a locked cabinet or room when not in use.

• Incident‑Free Handling

  • Use a discreet bag or folder—avoid flashy tags that identify it as confidential.

  • If you carry it in your car, lock it in the trunk or glove compartment.

4. Mind Your Conversations & Social Media

• On‑Site Discussions

  • Hold client‑specific conversations in private—avoid hallways or break rooms.

  • Use first names only when necessary, and never share identifying details with unauthorized staff.

• Off‑Duty Etiquette

  • Refrain from discussing cases with friends or family.

  • Never post photos or anecdotes about sessions on social media—even “anonymous” stories can be traced back.

5. Partner with Your Supervisor

• Clarify Guidelines

  • Ask for a written policy on data storage, retention, and destruction.

• Stay Updated

  • Laws change—attend annual trainings on FERPA, HIPAA, and agency policies.

• Audit & Feedback

  • Volunteer for spot‑checks or reviews to ensure you’re meeting standards and to learn best practices.

In Summary

Confidentiality isn’t an afterthought—it’s the bedrock of trust between you, your learners, and their families. By understanding FERPA and HIPAA, securing electronic and paper records, guarding your conversations, and partnering closely with your supervisor, you’ll not only stay compliant but also model the highest ethical standards in behavior‑analytic practice.

Action Step: Today, identify one place in your workflow where confidentiality could slip—then implement a concrete safeguard (e.g., password‑protect your data folder or lock your binder in a cabinet). Small changes make a big difference!