Confidentiality
Within the
parameters of clinical therapy, confidentiality ensures that the information
shared within the client-clinician sessions or interactions are exclusive and
refrain from disclosing private information unless there is reasonable
suspicion of child abuse, suicide, or harm to self or others. This entails how the client’s information
will be handled or managed. However,
privacy refers to the individual’s ability or desire to limit or control the
access of others to themselves; what is the person willing and unwilling to
disclose, rather than the limits of dissemination of the actual information
they offer. In short, privacy is about
people whereas confidentiality is about data (Yasnoff, 2011).
In addition, “privileged
communication is a confidential conversation between two
people where the person receiving information from someone else cannot pass it
on or testify to it in a court setting” (Ellis-Christensen &
Wallace, 2011). Therefore the privilege
is based on legality, not ethics as with confidentiality.
Now in regard to
duty to warn, it refers to the practitioner’s responsibility to breach confidentiality
if the client is in clear or imminent danger.
However, duty to protect refers to the practitioner’s responsibility to
breach confidentiality if the actual client exudes the potential to endanger
themselves or others (Corey, Corey, & Associates, 2011).
The most important
thing to address with clients regarding any of the aforementioned factors is
the fact that while you are required to respect and uphold their rights, you
are equally required to disclose pertinent information in effort to protect the
client, the public, and self. A scenario
in which these terms are discussed is as follows:
…now Jason I’d
like to cover a few things with you before we proceed any further. It has to do with your rights as an
individual concerning the disclosure or sharing of your personal information. See everything we discuss is private between
you and me. Typically, it will go no
further than this room. However, in
cases wherein you may harm yourself or someone else, I am required by law to
breach our confidentiality agreement and notify the proper authorities. This is commonly referred to as a duty to
protect. Now in the event that you are
endangered by external elements, then again I am required to breach the
confidentiality agreement. This is
commonly referred to as a duty to warn.
Hopefully, neither of these issues will occur. Any questions?...
Situations in
which it is legally required to breach confidentiality are:
1.
A client who is a minor is involved in sexually risky
behavior.
2.
A client has suicidal tendencies or expresses that they
no longer desire to live.
3.
The client has fresh bruises and mannerisms which
suggest abuse.
4.
The client threatens to kill their spouse or lover.
5.
The client admits they have abused their child in the
past.
References:
Corey, G., Corey, M. S., &
Callanan, P. (2011). Issues and ethics in the helping
professions.
(8th ed.). Belmont, CA: Thomson Brooks/Cole.
Ellis-Christensen, T. and Wallace,
O. (2011). What is Privileged
Communication?
Retrieved
April 21, 2011, from
Yasnoff, W.A. (2011).
Confidentiality, Privacy, and Security. Retrieved April 21, 2011,
