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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
...rt of the medical profession, the therapists are expected to maintain the confidentiality of their clients. A psychologist must be able to acquire a client’s trust in order to keep quality confidentiality amongst the two parties. Only on seriously occasions should the patient’s records be shared, under certain other conditions the psychotherapy records of a minor can be reviewed by others without prior written consent. The Health Insurance Portability and Accountability Act (HIPAA), psychologists can usually give way the patient records to parents or legal guardians. Some of the ethical rules that apply to the practice of child and adolescent psychiatry are clear and generally agreed upon For example, rules against sexual contact or harsh or abusive treatment are encoded as boundary violations. A psychotherapist must be able to respect the boundaries of the client.
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.
For Example if confidentiality is the dilemma The NAADAC Code of Ethics states that” Every effort is made to protect the confidentiality of client information, and in very specific cases or situations to disclose information appropriately and according to federal law”(NAADAC, 2011, para. 5). In as much According to ACA Code of Ethics counselors are required to violate confidentiality only “to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed” (American Counseling Association [ACA], 2005). Therefore, since trust is one of the most important aspects of a counselor client relationship a counselor must be certain if confidentiality is the ethical dilemma being presented, there should be clear-cut reasons for the information to be disclosed. If a counselor is educated with the proper laws and the relevant Code of ethics pertinent to there field of study they can validate their decision to supervisor, clients, and even legal entity’s if
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.
...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.
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
In case study of Zora (age 14), the decision of whether to keep the information shared during the session confidential or disclose it to the parents is a daunting ethical challenge that requires the psychologist to balance tensions between the obligations to protect the welfare of the adolescent. The confidential rights of minors and adolescents ages 12-16 can be confusing to many professionals that are treating this age group due to the laws and guidelines every state has pertaining to this age group (Fisher, 2013). Even though adolescents are considered to have more mental capacity for decision making than that of younger children, but they are not considered to be adults (Fisher, 2013). There are many specific areas that are needed to consider in regards to consent and confidentiality that are difficult for teens, parents, health care professionals, and lawmakers
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.
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.
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.
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
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.
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