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Legal and ethical tension between confidentiality and sharing information
Legal and ethical tensions between maintaining confidentiality
Situations of confidentiality
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Confidentiality is an ethical concern. The fundamental intent is to protect a client's right to privacy by ensuring that matters disclosed to a professional counselor not be relayed to others without the informed consent of the client. In discussing confidentiality, therapists also hope to encourage communication. Neither privacy nor confidentiality, however, are absolute rights, especially in the case of minors. There are fundamental exceptions, some involving ethical considerations and some involving legalities. Privileged communication is a legal concept. It addresses legal rights protecting clients from having their disclosures to certain professionals revealed during legal proceedings without their informed consent. For example, 20 states
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.
People are afraid to admit to themselves and others that they need to help to
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.
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.
While there are many different ads that are appealing to view and read in the magazines to which I choose (Time, Sports Illustrated and Cosmo for Latinos), the one that was most appealing to me was in the 2016 edition of Time Magazine. This article caught my attention immediately, it’s called “The Privacy Debate”, this article talks about the CEO of Apple Computer refusing to allow the FBI to access the phones of the San Bernardino terrorists; because he (Mr. Cook) said he believes its unconstitutional. Because of decisions to go against the will of the FBI, Mr. Cook is now battling an unsettling confrontation with the United States Government regarding those issues; but hopes to soon come to a suitable compromise in regards to consumer rights
Section 99(a) of your contract with Vital states “unauthorized use or disclosure in any manner of Vital product information may result in a disciplinary action up to and including termination of employment, termination of assignment or contract, and potential civil and criminal liability.” On February 12, 2016, you disregarded our confidentiality agreement and breached high-level information to competitors. Therefore, effective February 15, 2016 your employment has been terminated.
Trust is an essential factor in the helping process. Without it, clients will not feel free to share their most intimate thoughts and feelings. They will not be completely honest or forthcoming in conversations which will hinder the professional’s ability to truly help the client. For this reason, the promise of confidentiality becomes critical to the process. It is the “secret keeping duty” all helping professionals have an ethical obligation to observe (Younggren & Harris, p.589). It protects the client’s right to privacy and fosters an atmosphere in which one feels safe, facilitating trust and allowing one to feel comfortable enough to share their inner most feelings and thoughts. Most helping professionals agree that confidentiality is key to the healing process and it is their primary obligation to protect it (Fisher, p.1). It is a standard included in the American Psychological Associations Ethical Principles and Code of Conduct (2002) and it is regulated by law in many states. The importance of preserving confidentiality was highlighted in an article published in the Lancet in February of 2006 titled, “Pressures on Confidentiality”. Several reasons were given on why its preservation was necessary including protection of individual privacy and retention of personal autonomy. Additionally, maintaining confidentiality implies a degree of secret keeping, instilling a feeling of trustworthiness and faith in the doctor-client relationship (Rogers, p. 553). Furthermore, the importance of confidentiality was highlighted in a land mark decision by the Supreme Court in Jaffee v. Redmond (1996) which states:
Confidentiality is a common controversy today when deciding if therapist should keep their patients confidential when they have made any kind of threat. Confidentiality should be breached in this instance. One main reason that threats should be taken more seriously from mental patients is the Tarasoff case.
...confidential information is shared without their permission, this situation can be detrimental to the client. The client may stop treatment or be passive-aggressive towards the therapist by being late of cancelling appointments with the clinician.
There are many exceptions to confidentiality in counseling. If you are a danger to yourself and threaten to harm yourself (suicidal). Also if you threaten to harm another specific person (assault, kill). A member of your family informs your treating therapist that you seriously intend to harm another. If you are seeking psychological services to enable someone to commit a crime, or to avoid detection or apprehension yourself. You are being evaluated by a court-appointed psychologist. When you are being evaluated to determine your sanity in a criminal proceeding. If you are involved in a proceeding where your mental competence is at issue. If someone is to disclose something that your treating therapist is required to report (child
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.
Privacy and confidentiality are correlated with one another; however, they hold different meanings. Privacy is viewed as an autonomy ethical principle, and confidentiality relates to the fidelity principle. Ones' right to manage their personal information and whom that information may be shared with is privacy, it is an individual's right (Burkhardt & Nathaniel, 2016, p. 76). Confidentiality is the backbone to privacy because it upholds this right for every person. In other words, once a person chooses to disclose their personal information to another individual, it is that individual's responsibility to keep the information confidential unless consent is given for disclosure, one must protect that person's privacy. (Burkhardt & Nathaniel,
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.
The client confidentiality at my practicum agency is very similar to the principles of CASW. SCI Alberta organization is achieving a great work in the area of confidentiality practice in all sectors of their services. I have witnessed that their organization is contributing a great effort to keep client confidentiality. According to SCI Alberta policies the identity of clients, or information that would reveal the identity of clients, cannot be revealed without the specific permission of the client. SCI Alberta organization the only exceptions are in cases in which clients may be dangerous to themselves or others and in cases of elder abuse. In such situations, they are legal requirements to break the confidentiality of the client for their
All information for all clients are kept confidential and these can be schedule of appointments, counseling session contents, any information that contain records and the outcome of the counseling are confidential by State law (King & Klawitter, 2007). This type of confidential services is provided and maintained by all medical personals. Josephine’s record consists of both paper file and electronic database components. Her records are much secured, physically and electronically, thus protected by the same confidentiality and privacy laws. Most counseling centers have patients that see more than one counselor; it can be a psychologist and a counselor depending on the issue at hand. In this case there will be sharing of information in order to be able to consult with each other to deliver and provide effective services.