Confidentiality: Legal and Ethical Issues
Confidentiality: Legal and Ethical Issues
Overview
Discussion centers around the concepts of confidentiality, privileged communication, and privacy as they relate to legal and ethical issues in counseling.
Key Terms to Know
Confidentiality:
Rooted in a client’s right to privacy.
It is the counselor’s ethical duty to protect private client communications.
Privileged Communication:
A legal concept that generally prohibits the disclosure of confidential communications in a legal proceeding.
The specifics of this privilege can vary significantly from state to state.
Privacy:
The constitutional right of individuals to be left alone and to control their personal information.
Confidentiality: Six-Step Model
Fisher’s (2008, 2016) model outlines a six-step ethical practice approach for protecting confidentiality rights in therapy:
Preparation:
Involves setting the groundwork for maintaining client confidentiality, including understanding legal obligations and limitations.
Tell Clients the Truth:
Counselors must be transparent with clients about confidentiality, including its limits and the instances where confidentiality may be breached.
Obtain Truly Informed Consent Before Making a Disclosure:
Counselors must ensure clients fully understand what information will be disclosed, to whom, and why, obtaining their consent prior to any disclosures.
Respond Ethically to Legal Demands for Disclosure:
Counselors must navigate legal requirements for disclosure while acting within ethical boundaries, ensuring that minimum necessary information is shared.
Avoid Preventable Breaches of Confidentiality:
Proactive steps should be taken to safeguard client information and prevent unauthorized disclosures.
Talk About Confidentiality:
Regular discussions regarding confidentiality should be held with clients, reinforcing the importance of their privacy and how it will be protected throughout the therapeutic process.