UD,APA,PAP,DPA

Big picture: aspirational principles

Aspirational principles say WHAT we value.

Big picture: enforceable standards

Enforceable standards say WHAT we must or must not DO.

Big picture: laws

Laws can add penalties the codes do not have.

UD who developed it

Work began in 2002 under Janel Gauthier, who led the international working group.

UD and the PAP Code

The PAP Code states that Philippine psychology practitioners adhere to it (Declaration of Principles).

UD objective (a)

Evaluate the ethical and moral relevance of existing codes of ethics.

UD objective (b)

Serve as a template to guide the development or evolution of codes.

UD objective (c)

Encourage global thinking about ethics while encouraging action sensitive to local needs and values.

UD objective (d)

Speak with a collective voice on matters of ethical concern.

UD preamble

psychologists work in a larger social context and place the welfare of society and its members above the self-interest of the discipline and its members.

UD Principle I values

Unique worth and dignity; diversity (including indigenous communities); respect for customs and beliefs unless they seriously contravene dignity or cause serious harm; free and informed consent as culturally defined; privacy; confidentiality; fairness and justice; respect for the environment.

UD Principle I quick values

worth + diversity | free, informed consent | privacy + confidentiality | fairness and justice

UD Principle II values

Active concern for well-being; do no harm; maximize benefit and minimize harm; correct or offset harm done; develop and maintain competence; self-knowledge; respect for people's ability to decide for themselves.

UD Principle II quick values

do no harm | maximize benefit | develop competence | self-knowledge

UD Principle III values

Honest, truthful, open communication; avoid incomplete disclosure unless full disclosure is culturally inappropriate, violates confidentiality, or risks serious harm; impartiality; no exploitation; avoid or declare conflicts of interest.

UD Principle III quick values

honest, open communication | impartiality | no exploitation | declare conflicts

UD Principle IV values

Increase knowledge for society's well-being; use knowledge beneficially and protect it from misuse; conduct affairs ethically; promote highest ethical ideals; train and supervise members; develop ethical awareness and be self-correcting.

UD Principle IV quick values

advance knowledge | prevent misuse | train and supervise | be self-correcting

UD exam angle

Be ready to say why a universal code needs local application (cultures define consent, confidentiality and boundaries differently, so the UD stays general), and how the PAP Code adopts it while adding specific, enforceable standards.

APA scope

it applies to psychologists' scientific, educational and professional roles, including online.

APA adopted

Adopted 2002.

APA revision

A revision by the APA Ethics Code Task Force has been underway; confirm which text your class follows.

APA Standard 1 Resolving Ethical Issues

1.01 misuse of work; 1.02 conflicts with law; 1.03 conflicts with organizational demands (both: clarify, state commitment to Code, resolve; never justify violating human rights); 1.04 informal resolution; 1.05 reporting violations; 1.06 cooperating with ethics committees; 1.07 improper complaints; 1.08 unfair discrimination against complainants

APA Standard 2 Competence

2.01 boundaries; 2.02 emergencies; 2.03 maintaining competence; 2.04 scientific and professional bases for judgments; 2.05 delegation; 2.06 personal problems and conflicts

APA Standard 3 Human Relations

3.01 unfair discrimination; 3.02 sexual harassment; 3.03 other harassment; 3.04 avoiding harm (incl. torture clause); 3.05 multiple relationships; 3.06 conflict of interest; 3.07 third-party requests; 3.08 exploitative relationships; 3.09 cooperation with professionals; 3.10 informed consent; 3.11 services to or through organizations; 3.12 interruption of services

APA Standard 4 Privacy and Confidentiality

4.01 maintaining confidentiality; 4.02 discussing limits; 4.03 recording; 4.04 minimizing intrusions; 4.05 disclosures (consent, or as mandated or permitted by law for valid purposes); 4.06 consultations; 4.07 use of confidential information for didactic or other purposes

APA Standard 5 Advertising and Other Public Statements

5.01 avoidance of false or deceptive statements; 5.02 statements by others; 5.03 workshops; 5.04 media presentations; 5.05 testimonials; 5.06 in-person solicitation

APA Standard 6 Record Keeping and Fees

6.01 documentation; 6.02 confidentiality of records; 6.03 withholding records for nonpayment; 6.04 fees; 6.05 barter; 6.06 accuracy in reports to payors; 6.07 referrals and fees

APA Standard 7 Education and Training

7.01 design of programs; 7.02 descriptions; 7.03 accuracy in teaching; 7.04 student disclosure of personal information; 7.05 mandatory therapy; 7.06 assessing students; 7.07 sexual relationships with students and supervisees

APA Standard 8 Research and Publication

8.01 institutional approval; 8.02 informed consent to research; 8.03 recording; 8.04 client or student participants; 8.05 dispensing with consent; 8.06 inducements; 8.07 deception; 8.08 debriefing; 8.09 animals; 8.10 reporting results; 8.11 plagiarism; 8.12 publication credit; 8.13 duplicate publication; 8.14 sharing data; 8.15 reviewers

APA Standard 9 Assessment

9.01 bases for assessments; 9.02 use; 9.03 informed consent in assessments; 9.04 release of test data; 9.05 test construction; 9.06 interpreting results; 9.07 assessment by unqualified persons; 9.08 obsolete tests; 9.09 test scoring services; 9.10 explaining results; 9.11 test security

APA Standard 10 Therapy

10.01 informed consent; 10.02 couples or families; 10.03 groups; 10.04 therapy for those served by others; 10.05 sexual intimacies with current clients; 10.06 with relatives or significant others; 10.07 former sexual partners; 10.08 former clients (at least 2 years, and even then only in the most unusual circumstances); 10.09 interruption; 10.10 terminating therapy

Generic ethical decision-making path

1. Identify the issue and who is affected. 2. Check the Code (principles + standards), law (e.g., DPA, RA 10029) and agency policy. 3. Consider stakeholders, risks, cultural context, and your own biases. 4. List options and consult (supervisor, colleague, ethics committee). 5. Decide, act, document your reasoning. 6. Evaluate the outcome and correct any harm. (A common teaching model, not text from the APA or PAP codes.)

PAP history: 2007

Board resolved to revise it for all psychologists; the committee drew on the UD and the APA, British and Canadian codes.

PAP Standard I Resolving Ethical Issues

A misuse of our work: correct it. B conflict with law: resolve while committed to the Code; if unresolvable, adhere to the law. C conflict with organization: make the Code known and declare commitment. D informal resolution if it does not violate confidentiality. E report to authorities if substantial harm is likely (not when it would breach confidentiality). F cooperate with ethics committees. G no improper complaints. H no discrimination against complainants or respondents.

PAP Standard II Competencies

A boundaries (license under RA 10029; education, training, supervised practicum, consultation; referrals; new areas need training; forensic roles need familiarity with rules). B emergencies: help cautiously, then discontinue when the emergency ends. C CPD (RA 10912). D scientific bases for judgments. E delegation (avoid multiple relationships with those you delegate to; inform client of delegation). F personal problems: do not start work when they will impair competence; seek help; care for your own well-being.

PAP Standard III Human Relations

A unfair discrimination. B sexual harassment (RA 7877). C other harassment. D avoiding harm. E multiple relationships (refrain if they could impair objectivity, competence or effectiveness or risk exploitation; resolve those that arise unforeseen). F conflict of interest. G third-party requests (clarify who the client is, uses of information, limits of confidentiality). H exploitative relationships. I cooperation with professionals. J informed consent (understandable language; any medium; assent plus permission of a legally authorized person for those incapable; document consent). K services through organizations. L interruption of services (including poor internet).

PAP Standard IV Confidentiality

A safeguard information in any medium and secure devices. B limits discussed upfront; guardian informed for minors; release only after careful deliberation or imminent danger; encryption and passwords for electronic transmission. C consent before recording. D minimize invasions of privacy and remove identifiers. E disclosures: with consent, or without only if mandated or permitted by law for valid purposes (professional services, consultation, protecting from harm, payment), limited to what is needed. F consultation. G no identifiable information in writing, lectures, publications or social media unless written consent, legal authorization, or adequate disguise.

PAP Standard V Advertisements and Public Statements

No false or deceptive statements about training, degrees, credentials or results. Respectful language, including on social media. Say whether speaking as a private citizen or as a representative. No payment to media for publicity. No claim of certainty of cure; no advertising refunds; no comparative denigration; no superlative claims. Accurate workshop descriptions with CPD points. No testimonials from current or past clients or others vulnerable to undue influence.

PAP Standard VI Records and Fees

A document and maintain records. B keep them confidential; use codes and passwords; plan transfer when leaving a position. C do not withhold records needed for a client's emergency treatment because of nonpayment. D agree on fees early; do not misrepresent them.

PAP Standard VII Assessment

A opinions need adequate assessment; limits if based only on records; teleassessment allowed when done by qualified professionals. B informed consent, except when mandated by law, implied in routine institutional activity, or testing decisional capacity; poor-connectivity warning in teleassessment. C use pertinent, standardized, valid, reliable tests with relevant norms; original copies only. D no outdated or obsolete tests. E interpret with attention to validity and cultural factors. F do not release raw and scaled scores, responses, or notes unless regulated by the court. G release results only to the referral source (or with written permission for self-referral); explain in non-technical language. H test security. I no assessment by unqualified persons; psychometricians practice within RA 10029 and under supervision. J scientific test construction.

PAP Standard VIII Therapy

A confidentiality as an obligation of trust. B informed consent (nature, risks, fees, third parties, limits); right to withdraw; trainees disclose supervision; psychometricians may not do therapy except in emergencies. C client well-being: monitor outcomes; not when unfit. D relationships: no sexual intimacies with current clients, relatives or significant others; none with former clients, students, supervisees or their relatives for at least two years. E records. F competent practice. G vulnerable populations (capacity of young people to consent). H referrals with client consent. I interruption plans, distress protocols for telepsychotherapy. J termination: when no longer needed, not beneficial, or harmful; pre-termination counseling; may terminate for imminent risk of harm.

PAP Standard IX Education and Training

A-C accurate program design, descriptions and syllabi. D no forced disclosure of sexual history, abuse, treatment or family relationships except as announced in admissions materials or needed to address impairment. E mandatory therapy: student may choose a non-affiliated therapist; evaluators do not provide it. F timely feedback; evaluate actual performance. G no sexual relationships with students or supervisees under your evaluative authority.

PAP Standard X Research

A respect rights and dignity; learn community customs; allow withdrawal (including non-verbal signs); no research that contravenes international humanitarian law (e.g., torture methods); independent ethical review. B consent is collaborative, not just a signature; translated into a language participants understand; assent from under-18s plus consent from parents or guardian; online surveys need consent before access; required content list (a-k) including contact details of mental health professionals. C consent for recording. D no coercion of clients, students or subordinates; offer equitable alternatives to course credit. E dispensing with consent only in limited cases. F fair, non-coercive inducements. G deception only if justified and no alternative; explain as soon as possible. H debriefing; participants may withdraw data. I-K observational research, animals, environment. L reporting honestly; no fabrication; correct errors. M-N plagiarism, publication credit, duplicate publication. O share data for verification. P reviewers. Q acknowledge limitations and disconfirming evidence.

Sec. 2 Declaration of Policy

protecting the human right to privacy and communication, and keeping information flowing to support innovation and growth.

NPC (role in the diagram)

oversees, investigates, penalizes

The controller stays accountable

The controller stays accountable even for data a processor or third party handles (Sec. 21).

Not a "controller"

someone acting only on another's instructions, or an individual handling data for personal, family or household affairs.

Processing (Sec. 3)

Any operation on personal information: collection, recording, organization, storage, updating, retrieval, consultation, use, consolidation, blocking, erasure, destruction.

Privileged information (Sec. 3)

Data that counts as privileged communication under the Rules of Court and other laws.

Filing system (Sec. 3)

Structured set (even manual) where information about a person is readily accessible.

Sec. 4 scope

Applies to all types of personal information and to any natural or juridical person involved in processing. It reaches controllers and processors not established in the Philippines if they use equipment located here or keep an office, branch or agency here.

Sec. 4(a)

Government officer or employee information tied to the position or function (title, office address, salary range, responsibilities, name on documents they prepared)

Sec. 4(b)

Government contractors: services performed and contract terms

Sec. 4(c)

Discretionary financial benefits such as licenses or permits (name and nature of benefit)

Sec. 4(e)

Information needed for public authority functions (central monetary authority, law enforcement, regulators); bank secrecy and credit information laws not repealed

Sec. 4(f)

Bank and financial institution compliance (AMLA and related laws)

Sec. 4(g)

Data of foreign residents collected under foreign law and merely processed here

Sec. 5

keeps the journalist-source protection of RA 53 intact.

Sec. 6 Extraterritorial application

(a) The data concerns a Philippine citizen or resident; or (b) The entity has a link here, such as a contract entered in the Philippines, central management and control here, or a Philippine branch whose foreign parent can access the data; or (c) Other links: it carries on business here, or the data was collected or held by an entity here.

NPC nature

independent body attached to the DICT. Led by a Privacy Commissioner (also Chairman), assisted by two Deputy Commissioners (Data Processing Systems; Policies and Planning). Three-year terms, one reappointment, appointed by the President.

NPC key functions (Sec. 7)

ensure compliance; receive complaints, investigate, mediate, adjudicate and award indemnity; issue cease and desist orders and processing bans (national security or public interest); monitor government agencies; review privacy codes; issue advisory opinions; recommend prosecution to the DOJ for Secs. 25-29 offenses.

Sec. 8 and Sec. 10

Sec. 8: the NPC must keep any personal information it receives confidential. Sec. 10: Secretariat staff are mostly drawn from agencies that handle personal data (SSS, GSIS, LTO, BIR, PhilHealth, COMELEC, DFA, DOJ, Philpost).

Sec. 11 requirements

Sec. 11 requires personal information to be: (a) collected for declared, legitimate purposes; (b) processed fairly and lawfully; (c) accurate and kept up to date, with inaccurate data rectified or destroyed; (d) adequate and not excessive; (e) retained only as long as necessary (or for legal claims, legitimate business purposes, or as the law provides); (f) identifiable for no longer than necessary, except historical, statistical or scientific processing with safeguards. The controller must ensure these principles are implemented.

Subcontracting (Sec. 14)

A controller may outsource processing but must ensure safeguards for confidentiality, prevent unauthorized use, and ensure compliance. The processor must also comply with the Act.

Privileged communication (Sec. 15)

Controllers may invoke privilege over privileged information they lawfully control or process. Subject to existing law, evidence gathered on privileged information is inadmissible.

Be informed (Sec. 16)

Whether data is, will be or was processed, plus what, why, scope and method, recipients, controller identity, storage period (16(a)-(b)).

Access (Sec. 16)

On demand: contents, sources, recipients, manner and reasons for disclosure, automated decisions, last access and modification dates (16(c)).

Correct (Sec. 16)

Dispute inaccuracy; controller corrects immediately unless vexatious. Third-party recipients informed on reasonable request (16(d)).

Suspend, withdraw, block, remove (Sec. 16)

With substantial proof data is incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes, or no longer necessary (16(e)).

Be indemnified (Sec. 16)

For damages from inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use (16(f)).

Lodge a complaint

Before the NPC (listed within 16(b)(8)).

Data portability (Sec. 18)

Obtain a copy of electronically processed data in a structured, commonly used format.

Transmissibility (Sec. 17)

Lawful heirs and assigns may invoke these rights after the subject's death or incapacity.

Limit on the Sec. 16(b) notice

The notice requirement in 16(b) is relaxed for subpoenas, obvious purposes (contract or service, employer-employee context), and legal obligations.

Sec. 20 duty

reasonable and appropriate organizational, physical and technical measures against accidental or unlawful destruction, alteration, disclosure and other unlawful processing; protection from natural dangers and human dangers.

Sec. 20 level of security

depends on the nature of the data, risks, organization size, best practices and cost. Minimum measures: network safeguards, a security policy, a process to identify vulnerabilities and act on them, and regular breach monitoring.

Sec. 20 third parties and staff

Third-party processors must apply the same measures. Staff must keep data confidential even after leaving the job or contract (20(e)).

NPC discretion on breach notice

May weigh controller compliance and good faith; may exempt notification if not in the public interest or the subjects' interests; may postpone it if it would hinder a criminal investigation.

Secs. 22-23 government SPI

government SPI is secured to the most appropriate industry standard. Agency staff need security clearance; off-site access needs approval by the agency head (decision within 2 business days; silence means disapproval), is limited to 1,000 records at a time, and requires the strongest recognized encryption.

Sec. 24

government contractors accessing SPI of 1,000 or more individuals must register their processing system with the NPC and comply.

25(a) Processing without consent, PI

3 yrs max | 1-3 yrs; 500k-2M

26(a) Negligent access, PI

3 yrs max | 1-3 yrs; 500k-2M

26(b) Negligent access, SPI

6 yrs max | 3-6 yrs; 500k-4M

27(a) Improper disposal, PI

2 yrs max | 6 mos-2 yrs; 100k-500k

28 Unauthorized purpose, PI

5 yrs max | 1.5-5 yrs; 500k-1M

29 Unauthorized access / breach-in

3 yrs max | 1-3 yrs; 500k-2M

31 Malicious disclosure

5 yrs max | 1.5-5 yrs; 500k-1M

32(a) Unauthorized disclosure, PI

3 yrs max | 1-3 yrs; 500k-1M

Sec. 33

a combination or series of acts: 3-6 years and 1M-5M fine.

Sec. 34

for organizations, liability falls on responsible officers who took part in, or by gross negligence allowed, the crime; the court may suspend or revoke the entity's rights under the Act; alien offenders are deported after serving the sentence; public officials guilty under Secs. 27-28 also face disqualification from office.

Sec. 36

public officer offenders get an added disqualification from public office for double the criminal term.

Sec. 37

restitution follows the New Civil Code.

Offense Sec. 25

processing without consent or authority

Offense Sec. 26

giving access through negligence

Offense Sec. 27

improper disposal (trash, public areas)

Offense Sec. 28

processing for unauthorized purposes

Offense Sec. 29

unauthorized access or intentional breach

Offense Sec. 30

concealing a breach

Offense Sec. 31

malicious disclosure (false or unwarranted information, with malice or bad faith)