3401_Slides_Week 5 Confidentiality_Moodle (1)
WINTER Week 5 – Privacy and Confidentiality
Instructor: Susan Stevens, BSW, MEd, RSW, CHE, EXTRA Fellow
Position: Adjunct Professor & Part-time Faculty, Department of Family Studies and Gerontology
Today’s Class
Topics Covered
Privacy
Confidentiality
Interpersonal communication
Duty to warn and protect
Required Reading
Bryan, V. et al. (2022). The helping professional’s guide to ethics: Theory in practice (2nd ed.). Oxford University Press.
Chapter 4 – Confidentiality and the Duty to Warn and Protect
Course: MSVU FSGN 3401 Contemporary and Professional Ethical Issues in Families and Aging
Learning Outcomes
Moral Parameters: Describe the moral dimensions of privacy and confidentiality.
Harms from Breaches: Identify potential harms from violations of confidentiality.
Professional Duty: Explain the duty to prevent such harms or justify violations morally.
Application of Principles: Apply common morality analysis to confidentiality management cases involving protected health information.
Importance of Confidentiality
Essential Role: Confidentiality functions to foster trust between professionals and clients.
Establishes Trust: Creates an environment where sensitive information can be shared honestly.
Role in Treatment: Necessary for developing appropriate treatment plans.
Prevents Harm: Avoids distress and encourages individuals to seek necessary services without fear.
Harms Caused by Confidentiality Breaches
Distrust: Leads to distrust in professionals and related systems.
Distress and Harm: Individuals may experience psychological impacts.
Damage to Relationships: Breaches can harm therapeutic relationships.
Behavioral Changes: Clients may lie or avoid services to protect themselves.
Definitions
Privacy
Access Control: The right to control access to oneself or personal information.
Confidentiality
Moral and Ethical Obligation: The duty to protect information shared in a professional capacity, highlighted in Bryan et al. (2022).
Moral and Professional Obligations
Core Principles: Do not deceive, cheat, or breach the law. Maintain promises and uphold moral duties.
Confidentiality Promise: Uphold confidentiality except when legal exceptions apply or when disclosure prevents harm.
Professional Codes of Ethics
Respect for Privacy: Upholding confidentiality is a primary ethical obligation.
Limitations: Acknowledge when and how confidentiality can be breached legally or ethically.
Legal Obligations Associated with Confidentiality
Privacy Laws: Govern the ethical management of personal information.
Other Legal Duties: Include court orders and child protection laws.
Confidentiality Characteristics
Absolute vs. Relative Confidentiality: Understand contexts where information may or may not be shared.
Exceptions to Confidentiality
Reasons for breaching confidentiality include:
Client’s permission
Risk of harm (e.g., child/youth protection)
Legal obligations (e.g., subpoenas)
Emergencies involving safety risks.
Duties to Warn and Protect
Legal Framework: Based on case law (e.g., Smith v. Jones, 1999) which clarified when breaches may be permissible to protect individuals or the public.
Moral Parameters of Privacy & Confidentiality
Justified vs. Unjustified Violations: Explore conditions under which privacy violations might be rationalized.
Confidentiality and Youth
Specific Challenges: Working with ages 14-18 regarding capacity to consent.
Age and Rights: Legislation outlines youth rights relating to confidentiality in health care.
Consent and Capacity Guidelines
Assessing maturity and decision-making capabilities are crucial in determining confidentiality rights.
Engage with minors in understanding their right to confidentiality, especially concerning their health information.
Issues and Concerns
Lack of clear policies and protections for health providers regarding confidentiality issues particularly involving minors.
Encouragement for health providers to maintain a safe space for youth to share information without fear.
Next Week's Focus
Topics will include:
Capacity
Competency
Living at risk
Legal context
Required Reading: Bryan, V. et al. (2022). Chapter 5 – Competency.