RECORD KEEPING AND CONFIDENTIALITY

PROTOCOLS FOR SECURE ARCHIVING OF INVESTIGATIVE FILES

The management of documentation in a sexual harassment investigation requires a level of security comparable to that of state secrets.

The law strictly prohibits the dissemination of the contents of the complaint, the identity and addresses of the parties (victim, accused, witnesses) and the details of the inquiry or settlement.

All physical records must be kept under lock and key in secure files, and digital records must be encrypted with access restricted exclusively to members of the Internal Committee (IC) or the designated Human Resources officer.

Imagine Prime Minister Winston Churchill handling harassment files within his war cabinet.

These documents cannot be left on a desk where any secretary can read them. They must be treated as "Top Secret" information.

If Churchill were to allow a file to be left open in a common room, he would be violating the legal obligation of custody.

In addition, it is standard practice for everyone involved in the committee to sign Non-Disclosure Agreements (NDAs) before accessing any evidence, ensuring that sensitive information does not leave the deliberation room.

LIMITS OF CONFIDENTIALITY AND REPORTING OBLIGATIONS

Although confidentiality is the golden rule, it is not absolute in the operational sense.

The identity of the whistleblower must be disclosed to the accused ("respondent") so that he or she can exercise his or her right of defense; no anonymous inquisition-style trials are permitted.

However, this information is shared on a strict "need to know" basis.

What is prohibited is disclosure to the public, the press or other employees outside the process.

Specifically, the law (such as the POSH Act) excludes these cases from the scope of public transparency laws (such as the Right to Information Act), protecting privacy over the general public interest.

If inventor Nikola Tesla were accused of harassment, he would have a right to know who was accusing him so he could defend himself.

But the committee would not be able to post a bulletin at the company saying, "Tesla is being investigated because of Ms. X's complaint."

If a reporter asked about the case, the company would have a legal obligation to deny the information to protect everyone's dignity.

Even if justice is achieved, publication of the outcome should not allow the victim to be identified.

DATA PROTECTION AND PRIVACY IN COMPLAINT HANDLING

Breach of confidentiality is a serious offense that carries specific sanctions.

If a person in charge of handling the complaint (committee member, witness or HR staff) leaks information, he/she will be sanctioned according to the service rules or with a financial fine stipulated by law (e.g. Rs. 5,000 in the frame of reference).

The goal is to create an environment of trust where the victim knows that reporting will not make her the center of office gossip. Suppose spy Mata Hari testifies in an i