3. To what lengths do researchers have to protect the confidentiality of its participants?
In the course reading “Protecting Research Confidentiality “by Ted Palys and John Lowman, the article states that the importance of protecting a participant’s confidentiality in research could mean going up against legal measures that demands the disclosure of the participant’s personal info. For many researchers, having the moral courage to live up to what is promised to the participant, their confidentiality, is in most cases conflicting and produces an ethical dilemma. When research ethics and law of confidentiality conflicts, it is a practical problem that needs to be balanced in avoidance of violating both the ethics guidelines and the law. Moreover, it also an ethical dilemma between protecting the participants, and at the same time not protecting ethics through the mean of law violation. In my opinion, the lengths that a researcher needs to go to protect the confidentiality of the participant should surpass the law and should account for the full responsibility in keeping their identity safe against any legal measures. However, the only conditions that are exempted are when the participant shows tendencies to hurt themselves or other individuals. Other than this exemption, it would appear that the researcher actually has a huge burden to bear in the process of doing research. However, no matter how much responsibility, moral courage and ethical decisions that a research study demands for, it is still reasonable for a researcher to assume such a responsible position to protect what he/she is researching and the participants involved. This is because in the process of assisting in the researcher’s research, depending on the study, par...
... middle of paper ...
...expectations within the classroom and the conduct required of the student. This does not only mean that the student fully knows about the rules and consequences, but it also implicates the responsibility of this role onto the student. Therefore, the student is expected to behave in a certain way and if they choose not to, they will not be punished solely because they know better, but because of their responsibility. In conclusion, there is indeed a double standard placed on public officials in regards to misconduct. Despite voices that does not support the double standard, I however find it justifiable. What is equal is not always necessarily fair. It is important to take other factors such as the duty and responsibility that the individual is accounted for in consideration and how the decision they chose to make can have an effect on the people around them.
A possible flaw of Sarbanes-Oxley is it failed to put up any resistance in thwarting the financial crisis. While the degree to which fraudulent behavior can be traced to the roots of the Great Panic of 2007 will likely be up for eternal debate, it might be telling that Sarbanes-Oxley effectively did nothing. It seems this could indicate that stronger incentives for whistleblowers (such as Dodd-Frank and perhaps other whistleblower protection regimes) are very necessary given the extreme social costs. This conclusion may be hasty, however, given the short time period between the enactment of Sarbanes-Oxley and the crash. Not only is the status of Sarbanes-Oxley still in flux over a decade later, but one has to consider the substantial learning and switching costs associated with a regime with such a substantial ruach. Certainly, this is not to say that additional protections may in fact be necessary given the putative reluctance of lawyers to report fraud, but Sarbanes-Oxley likely needed more time to really crystalize and provide some level of predictability before it can be declared a bust.
Children, young people and adults need to know confidentiality will be honoured unless their, or other's safety and well-being is threatened, a crime has or is likely to be committed, and a professional's knowledge of and access to the child, young person or adult's information will not be abused, in the same way that it is important for professional's to understand how important shared information is, where and how it's stored, transported and disclosed to other appropriate professionals.
Méndez (2014) has somewhat summarized the dilemma in that formal consent does not help researchers deal with the feelings of guilt and the effect of others trust being degraded by disclosure (Miller & Bell, 2002). The tradeoff is such that, by using the third person, a sense of distance from the events and the people being referred to can occur, whereas using the first person is more explicit about the events being analyzed. Wyatt (2006) states that a key ethical principle is found in the writing in how close to position the reader is to the self-disclosure. Ellis (2007) offers a dimension of relational ethics when dealing with intimate issues which is subject to the vague and generic “do no harm.” The researcher will be following Megford’s (2006) proposed ‘ethic of accountability’ in which the writer should write his or her truth as if all the people involved in those events were listening to him or
In the modern era, the use of computer technology is very important. Back in the day people only used handwriting on the pieces of paper to save all documents, either in general documents or medical records. Now this medical field is using a computer to kept all medical records or other personnel info. Patient's records may be maintained on databases, so that quick searches can be made. But, even if the computer is very important, the facility must remain always in control all the information they store in a computer. This is because to avoid individuals who do not have a right to the patient's information.
Following a placement with a private and charity funded organisation located in Wales, this essay aims to discuss the main national policies that focus on maintaing patient confidentiality and consider how these policies are implemented locally in relation to the placement undertaken.
Despite the longstanding acceptance and promotion for the crime-fraud exception, it appears that the use of the exception to report fraud has been relatively scant and use of ethical rules to sanction lawyers is similarly rare. For those that may favor private regulation or the ability of the market to dictate its own terms it seems that the equilibrium reached was one without lawyers disclosing of their own accord. This could be just viewed as an information failure problem—even if the ability to report fraud up the ladder was technically already available, lack of knowledge may have prevented lawyers from reporting fraud when they otherwise would have done so.
I stayed within the agency’s confidentiality policy guidelines by following the regulations of the policy. TCC Counseling center confidential policy states that every counselor must provide free and/or confidential assistance to TCC students. Before receiving personal counseling students are encouraged to complete the TCC’s confidential form often provided by the counselors or accessed online.
It has come to our attention that a breach of confidentiality has occurred in our office. One of our patient’s has filed a complaint regarding a breach of his (PHI) patient health information. The breach occurred when two of our employees were discussing the patient’s HIV status in a common area in the presence of his mother. This is unacceptable and is a violation of the HIPAA Laws and our policies. Fortunately, the patient’s mother was aware of her son’s condition and there were no other patients within earshot. Let me make this clear, this was an unauthorized release of patient health information and we are obliged by law to make sure this doesn’t happen again. Not only is it a privacy issue but also a violation of the patients civil rights. We will address our expectations of our staff in regards to PHI and what safeguards will we improve to guarantee that this does on happen again. We will review our policies, HIPAA and the conditions for HIV/AIDS patients and the consequences for this breach in confidentiality.
In this log, one of the most important aspect of law in reference to the role of nurses and decision making will be discussed. I chose Confidentiality as the topic to be discussed and this log will also define it with regards to how it affects and make an impact to the nursing practice. Maintaining confidentiality is fundamental and essential for the nurse and patient relationship as it gives confidence and expectation to them that the nurse will be able to respect their right to privacy and by ensuring confidentiality(Griffith & Tengnah, 2014). Nurses are also obligated to maintain and respect the confidentiality of the patient professionally and legally because it is emphasised in the NMC code and is also stated in HPC standards (Gallagher
In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose.
There is a great importance and focus in modelling a contemporary nurse. The framework for improving this focus is accountability with three main areas: professional, ethical, legal. They all cross over and interlink with each other in many of the topics that are raised within the profession. The approach of the framework were inevitable to reduces to blame and defensive nursing attitude. This attitude can lead to nurses believing accountability is the same as blaming a professional however it is conversely nurses making decisions for individuals and engaging to improve better health outcomes. The topic around this contemporary approach is confidentiality and broken into the principles of the approach.
Many ethical dilemmas are philosophical in nature, an ethical issue can be described as a problem with no clear resolution. In order to solve the issue or dilemma a consensus between the parties involved must be reached. There are several reasons to come to an agreement over an ethical dilemma, it is the basis for all aspects of personal and professional dealings. Each one of us is part of a civilized society and as such it is our responsibility to be rational, honest and loyal in our dealings with others. (Alakavuklar, 2012) states that individuals make decisions for different situations in business life involving various ethical dilemmas. Each time either consciously or unconsciously individuals may follow some ethical approaches
However, there are some cases that professionals have to rely on the Law. The Law is different from moral principles and Code of Ethics and its focus is on the legal perspective to protect the professional. The Law is defined by Remley and Herlihy (2010) as “general or specific regarding both what is required and what is allowed of individuals who from a governmental entity” (p.4). One major example is the Tarasoff and the Duty to Protect which is a law that was created after the case that happened with a university student, Tatiana Tarasoff and her boyfriend. Tarasoff’s parents sue the psychotherapists alleging that the professionals should have warned the student. Because of this case, the law raised a major concern that the confidentiality that professionals should follow according to the ACA and AMHCA Code of Ethics has to be broken when there is an issue that can affect a third party in the situation. Like the AMHCA refers to confidentiality as “a right granted to all clients of mental health counseling services. From the onset of the counseling relationship, mental health counselors inform clients of these rights inclu...
Confidentiality is defined as the protection of personal information. It means keeping a client’s information between the health care providers and the client. Every single patient has the right to privacy regarding their personal information from being released to anyone outside of their health care providers. Health care providers have a legal and ethical responsibility to protect all information regarding patients by not disclosing their information to anyone without their written consent from the patient.
Individual privacy and confidentiality play a role in both research and clinical health care settings. In each instance, standards and expectations put in place by researchers and health care practitioners to follow to protect patients and research participants while interacting with them. The evolving health care system and convergence of research and treatment protocols to create learning health care systems (LHCS) are creating the need to look at patient confidentiality and privacy differently to protect them and their information.