Week 11: Privacy and Confidentiality Flashcards
Privacy
The right to have control over one’s person information and determining how much, to whom and it what circumstances it is shared
What is involved in the consideration of personal info privacy?
- open and transparent management
- anonymity and pseudonymity
What is involved in collection of personal info?
Collecting, dealing with, and notifying about the collection of personal info
What is involved in dealing with personal info?
Use or disclosure of information; direct marketing
What is involved in integrity of personal info?
Quality and security of that information
When is client info accessible to others
- if explicit permission has been given
- conditions of informed consent are compromised
- if there is a risk
- if there is a legal obligation
Why is confidentiality so important?
- therapeutic relationships are based on trust
- clients rights are valuable
- legislation
What are clients rights in terms of confidentiality?
- autonomy
- privacy and respect
- fidelity
- beneficence
When can we deny access to someone’s information?
- if it impacts someone else’s privacy
- if it poses a serious threat
- if it creates a legal conflict
- if it was collected before 21/12/2001 it might creates an administrative burden
Describe the freedom of information act
- individuals can request all info someone has on them
- can view the info and have someone explain it
- entitled to accurate summaries
- copyrighted stuff should not be released in copy
How long should records be stored?
A minimum of 7 years from the last client contact, or until the client is 25
How should stuff be disposed of?
- shredded
- making it illegible
- making sure it is deleted properly
- passwords
Duty of care
Manage the risk of clients harming themselves
Duty to warn
Manage the risk of clients harming others
Section A.5.2
Clients must be informed of the limits of confidentiality through the informed consent process
When is disclosure permitted WITH informed consent?
- peer support
- under supervision (identity concealment)
- when communicating with other professionals
- for teaching purposes
- for discussion with others but only those specified by the client
When is disclosure permitted WITHOUT informed consent?
- when there is a legal obligation
- when there is a risk of harm to self or others
- risk of client committing a crime
- client with contagious, life threatening disease
Process with suicidal clients generally
- need to be competent
- take responsibility for the foreseeable consequences of your conduct
- take reasonable steps to prevent harm
Process with suicidal clients specifically
- determine risk to self and others
- suicide risk assessment
- arrange appropriate care
- be sensitive to confidentiality issues
Describe the legal obligations of mandatory reporting
- have to report sexual and physical child abuse
- Victorian legislation says you need to report child abuse by any adult
Factors to consider when reporting criminal activity
- risk of harm
- likelihood of reoffending
- moral responsibility
- clients understanding of limits of confidentiality
- workplace policies and procedures
Victorian crimes act
Failure to report a crime is an offence if the person received inducement to not report
In forensic settings-
The legal requirement within an employee contract takes precedence over the code and guidelines
Privilege
The right to withhold information from court
