Running head: PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC

PSYCHOLOGY 1

Privacy and Confidentiality Standards in Forensic Psychology

Name

Institution affiliation
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 2

Introduction

This paper will consider the APA Ethical Principles and Code of Conduct to give

insight into the ethical standards governing a forensic psychologist's conduct in relation to

privacy and confidentiality. Commonly, the APA governs the conduct of all psychologists in

various contexts consisting of electronic transmission as well as in person. After that, the

paper will discuss each ethical standard in relation to the tasks to be undertaken. This section

will also entail how they relate to an individual's set beliefs and values, as well as how

personalized values and beliefs can be used to conform to the established ethical standards.

The term ‘forensic' has been progressively infused with various areas of academic

studies, such as computing, anthropology, engineering, and medicine among others, to

establish various sub-branches that involve use of scientific techniques to investigate crimes.

Herein, we consider forensic as associated with psychology to form forensic psychology.

Forensic psychology is rooted firmly in medicine. Forensic psychology juxtaposes law and

medicine, which vastly differ based on the functions and roles they play in the community

(Banister, 2017).

Mostly, forensic psychology is usually confused to forensic psychiatry in terms of

their definition and application, whereby they are thought to be synonymous. For instance,

the media uses the two terms to substitute the other. There exists a thin line that differentiates

the two fields that entails the training that forensic psychiatrists and forensic psychologists

undergo. Forensic psychiatrists are usually regarded as medical doctors who apply medical

models on mental health issues to carry out their tasks. Conversely, forensic psychologists

consider aspects such as a person’s personality, physiology, and environment to approach

mental health issues.

The inception of Forensic Psychology occurred in the wake of the twentieth century,

which sparked an interest for scholars to do more research on how psychology could be used
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 3

in the criminal justice system. Forensic psychology is primarily based on behavioral analysis

and developing the profile of a crime as well as concerned suspects. Their activities involve

associating medicinal psychology and law to facilitate fair and just crime justice systems. The

discipline is further sub-divided into clinical forensic psychology and researcher. The

function undertaken by each sub-division is, however, not exclusive. This means an

individual in this profession can carry out the tasks of both subdivisions.

In the case of clinical forensic psychologists, they are basically concerned with

matters regarding mental health issues in relation to the criminal justice system (Fisher,

2016). The role of a clinical forensic psychologist can comprise of both practice and research

in various settings, such as hospitals, schools, and prisons. For example, clinical forensic

psychologists are usually oriented with the appraisal and treatment of individuals with mental

disorders concerning the legal system (Manikantan, 2019). The tasks of the clinical forensic

psychologist may involve validating a notion employed to implicate that a suspect might have

carried out the offense in question. In other words, the clinical forensic psychologist simply

carries out tasks concerned with assessing an offender to help in determining whether they

could pose a risk to the public.

As mentioned earlier, Forensic psychologists can take on the role of the researcher

(Fisher, 2016). This role usually is different from that of a clinical forensic researcher in

terms of the tasks involved in each role. As clinical forensic psychologists take on issues

concerned with mental health as they relate to the law, forensic psychology researchers

consider more than just mental issues. Moreover, researchers differ with clinicians on their

training undergone, whereby a researcher usually holds a Ph.D. certificate. Tasks of

researchers in this field generally involve establishing frameworks and concepts that guide

approaches to enhancing the intersection of psychology and the criminal justice system.
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 4

Forensic psychology researchers are usually eclectic experts in spheres such as decision

making, memory processing, and organizational issues based on human psychology.

Ethical Codes of Forensic Psychologists

Since forensic psychology is considered to be a discipline under psychology, the

ethical principles and code of conduct that guide actions of forensic psychologists in America

are outlined by the American Psychology Association (APA). The document outlines ten

general principles and particular ethical standards to be considered while carrying out the

services of a psychologist. The ethical standards establish enforceable procedures for the

conduct of psychologists regardless of their roles; however, their application varies

depending on the context (APA, 2017). Nonetheless, even though any of the outlined Ethical

standards do not address particular conduct, it does not mean that it is deemed as ethical or

unethical.

Despite that, it is essential to learn each ethical principle and its respective standard,

this paper will emphasize on privacy and confidentiality. The rationale is backed by the

impeding confusion that most psychologists undergo on not being able to know what

information is private and confidential on the one hand; and what information fits to be

presented for consultation purposes. Privacy and confidentiality is, in fact, the only guideline

that is classified into successive criteria. APA (2017) points out that each psychologist should

primarily protect confidential information. This can be perceived that this principle is

accorded as an imperative aspect to be considered by a psychologist (Fisher, 2016).

Consequently, the ethical principle consists of seven sections which direct confidentiality

based on its limits, recording, consultation, and minimizing intrusions on privacy.

Privacy and Confidentiality Standards for Forensic Psychologists

 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 5

Section four, subsection one of the APA Ethical code (2017), involves the standard of

maintaining confidentiality. This standard means that maintaining confidentiality should be

understood as a responsibility for all psychologists, regardless of how they acquired that

information. Additionally, the confidentiality of information should be upheld for scientific,

individual, or organizational information. The second standard directs psychologists to limit

information to only the persons or organization that the information concerns. This ensures

that the psychologist discusses the report that only suits the other party on the grounds of the

professional interpretation of the psychologist. Moreover, a psychologist must point out the

limits on the confidentiality of the information acquired from a person or organization.

Psychologists are also directed to get consent before recording information acquired from a

person or organization. This promotes an aura of trust and transparency between a person or

organization and the psychologist. Also, this makes the psychologist aware that the

information acquired is to be treated as a resource for users to come up with didactic

conclusions to aid in their service delivery. Nevertheless, the issue that may arise concerning

this standard is that a person may choose to hold back information for their interest in

privacy, which may resultantly affect the psychologist's conclusion.

Psychologists are also required to present relevant information for a particular

purpose. The information can be present in either oral or written reports or consultations.

Moreover, the information should only be given to persons concerned with such matters. This

directs a psychologist that confidentiality encompasses limiting discussion on particular

information to only the parties involved. A psychologist is also given the mandate to present

information on behalf of a person or organization as directed by law. This standard directs the

psychologist to know limits by which the information acquired can be given to a particular

party.
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 6

In addition, a psychologist must understand the extent does the use of certain

information be considered to be within the law. It also enables the psychologist to play the

role of presenting valuable information that will help in making a judgment concerning a

particular matter. This standard also allows a psychologist to research a specific issue to get

further insight or to advise a person on what to be considered when concluding on some facts

or ideas. Still, psychologists are not allowed to disclose information to the extent that harms a

client. This asserts that they should uphold professionalism during the consultation and only

provide information that is suitable for consultation. Psychologists are also directed to keep

information confidential based on the context that concerns the person or organization. In

cases where the psychologist has to disclose information that revokes the confidentiality of a

person's information, the psychologist must get consent from the client.

The last principle on privacy and confidentiality involves the use of confidential

information for didactic purposes only. A psychologist is hereby directed to disguise the

source of information in cases where they have to present a person’s information to another

person. This facilitates that a client is kept anonymous, and the information is perceived on

an objective basis concerning a matter. Moreover, this standard guarantees that the

psychologist does not betray trust between a witness and an offender or other concerned

entity. The psychologist can also disclose confidential information only if they get consent

from the concerned person. On the same note, the psychologist can also disclose information

within legal constraints that will facilitate comprehensive reporting on a particular issue.

Psychologists are required to uphold the confidentiality of information throughout the

research and therefore their conduct should be carried out in a way that reflects their

individual beliefs and values. This enables psychologists to establish their conduct in a way

that conforms to a flexible approach that stands out as socially acceptable.

The Relation of Confidentiality Standards on the Role of Forensic Psychologists

 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 7

Forensic psychologists uphold these standards on a day-to-day basis. These standards

are applied to the tasks a forensic psychologist carries out on releasing information through

reports, summary impressions, test results, case notes, as well as while using information

technology to disseminate information. Furthermore, the standard on minimizing privacy

intrusion guides the forensic psychologist to be able to release the information to the

concerned party only. The relevant party maybe, but not limited to, the media, the court, the

person evaluated, or an opposing or retaining counsel. The information disseminated by a

forensic psychologist is usually based on peer-to-peer.

The forensic psychologist is also guided with the standard on the use of confidential

information for didactic or other purposes (APA, 2017) to determine the circumstances for

releasing information. This facilitates confidentiality in forensic psychology by assisting

psychologists release information based on a well-though rationale that is backed by

established ethical codes. Furthermore, the standard pertaining disclosure directs forensic

psychologists to seek consent or consider applicable legal rules prior to releasing information

on behalf of the concerned person or organization. Reflecting on these standards enables

forensic psychologists to perform their roles based on logical decisions that are supported by

the ethical principles and codes laid out (Shapiro, 2016).

A forensic psychologist is obliged to determine whether any entity represents a person. The

types of relationship, fees, or related parameters therefore have to be sorted at the beginning

of the process. Besides, the forensic psychologist has to consider impeding risks associated

with various biases.

Ethical Issues in Forensic Psychology

Competence is a hugely debated topic concerning the APA ethics code. APA (2017)

states that psychologists must work based on their competence boundaries, which encompass

training, education, professional experience, and consultation. It is not clear on the most
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 8

definite way to assess competence since it involves the individual perception of the degree of

complexity of a type of service. Nonetheless, it is the ethical obligation of forensic

psychologists to state out clearly whether the basis of their information has to consider

particular research or practice. Also, despite that a forensic psychologist undergoes training

that makes them viewed as experts, their roles are too constrained (Yadav, 2017).

Forensic psychologists are also required to avoid harm. The ethical dilemma

concerning this issue is how a psychologist will ascertain that holding or releasing certain

information will avert long term harms. For instance, in cases when a forensic psychologist

has to assess the sentence of an offender, if he sees it fit to execute the offender, he is seen as

causing harm to life. On the hand, if he denounces the execution of a criminal, he is regarded

as saving a life (Yadav, 2017).

Forensic Psychology also faces ethical dilemmas in the delegation of work. The

concept of supervision entails the supervisor being responsible for the tasks assigned

subordinates. Delegation of work in this field involves a lot to be considered as an aura of

trust must exist for delegation to happen. The supervisor is also required not to delegate tasks

to a subordinate who has any relation to the one being served, as it would jeopardize

objectivity on the roles of forensic psychologists (Shapiro, 2016).

The Relation between Personal Values and Ethical Codes in Forensic Psychologist

Forensic psychologists must conduct themselves in a manner that their values do not

conflict with the set ethical codes. Furthermore, forensic psychologists have to resist being

coerced into demands or expectations of law enforcers in cases where their demands go

against ethical principles and standards in psychology. APA (2017) advocates that

psychologist to be conscious of their limitations and values that affect their work professional

practices. Forensic psychologists are also required to be honest in presenting facts based on
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 9

their level of certainty and opinions in an objective manner despite that it goes against their

individualized needs and beliefs.

Nonetheless, even though the quality and the degree of this value-based approach are

not clear, a forensic psychologist should be alert that they do not compromise his or her level

of competence concerning the case presented. This does not necessarily mean that experts

will often be objective in conducting their professional affairs. Objectivity should be upheld

at all times during practice. Forensic psychologists should consider whether their values will,

in any way, influence the outcomes of the case. Some of the questions to be considered

involve: whether their role will be advocating a particular moral or providing objective

expertise on the matter, whether they are qualified in terms of skills, training, and experience

or their practice aims at offering help to the concerned parties in solving a case. Equally,

psychologists should consider whether their services in a case are subjective or probative, and

also whether legal rules may conflict with the evidence presented by the expert (Ward et al.

2008).

Therefore, ethical decision making based on a person's values is not the issue,

although it largely depends on whether they play a role in promoting objectivity in their

assessment report concerning a case — for instance, a case where a female forensic

psychologist loses custody of her child and consequently, choosing to believe never to let any

other woman lose custody over their child. As a result, her reports conclude that the mother

should have custody over a child for all proceeding cases. In this case, it is apparent how

personal beliefs intrude professional conduct and affecting her integrity and undercut the

legal framework.

Forensic psychologists are, nonetheless, allowed to stand with their personal beliefs.

In addition to this, appropriate platforms should be put in place to challenge the ethical

degree of the decision presented by forensic psychologists (Ward et al. 2008). In case that a
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 10

forensic psychologist's conclusion is found to be prejudiced and not based on providing an

objective decision, he or she invites malpractice that would attract loss of service license in

psychology. Similarly, a forensic psychologist has to restrain their involvement to issues that

would make them advocate their individualized values or support a specific legal aspect.

Personal and Socio-Cultural on Individual Values in Professional Conduct

Forensic psychologists must take responsibility to stand their ground by resisting

expectations of partisans of the legal system that conflict ethical principles guiding

psychological practice. In contrast to the field of psychology, the legal system involves

professionals who carry out their tasks concerning the evidence and winning a case, which

allows them to act within all means to achieve victory. Therefore, forensic psychologists

should be mindful of not being influenced with the expectations of these entities, since it risks

defaming the credibility of the forensic psychologist (Fisher, 2016).

Nonetheless, forensic psychologists should not let socio-cultural and personal values

influence their professional conduct. Fisher (2016) asserts that forensic psychologists should

perceive themselves as consultants who take a neutral standpoint in a case. This enables the

practitioner to maintain their practice based on the concerned ethical principles. The

psychologist should present their objective decision regardless of the possible outcomes as

long as they lie within ethical standards.

Similarly, when faced with an ethical dilemma, the first course of action should entail

taking initiative to research on the topic through peer-reviewed literature to gain insight on

other possible ways to perceive the issue. In the case that existing literature do not offer

substantial facts on the ethical dilemma, a forensic psychologist may proceed to consult

experienced practitioners, usually his senior, on how to go about it. A psychologist has to

seek consent to use information outside concerned parties of a particular matter. It is also

essential that when faced with an ethical dilemma, they should consider a closely related
 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 11

ethical principle as well as other factors to present as their conclusion for the issue.

Additionally, the decision to be formulated should be assessed to make sure that it does not

pose any harm in the long term.

References

America Psychology Association (2017). Ethical Principles of Psychologists and Code of

Conduct. Retrieve from: https://www.apa.org/ethics/code/.

Banister, P. (2017). Forensic psychology. In Willig, C., & Rogers, W. The SAGE Handbook

of qualitative research in psychology (pp. 541-560). 55 City Road, London: SAGE

Publications Ltd.

Bean-Mellinger, B. (2019). APA Ethical Code of Conduct. Retrieved from:

https://bizfluent.com/.

Bartol, C., Bartol, A. (2017). Introduction to Forensic Psychology, 5th Edition. New York,

NY: Sage Publishers.

Chezum, L. (2016). Ethical challenges for psychology in the justice system. Retrieved from:

https://www.apadivisions.org/division-41/publications/newsletters/news/2016/02/.

Criminal Justice Research (2019). Values and Responsibility. Retrieved from: http://criminal-

justice.iresearchnet.com/forensic-psychology/ethics/values-and-responsibility/.

Gavin, H., Kreitler, S. (2015). Helen Gavin, Criminological and Forensic Psychology.

Psychology Learning and Teaching, 14 (1). 72-73.

Fisher, C. (2016). Decoding the Ethics Code: A Practical Guide for Psychologists, 4th

Edition. New York, NY: Sage Publishers.

 PRIVACY AND CONFIDENTIALITY STANDARDS IN FORENSIC PSYCHOLOGY 12

Lisa A. M., Adams, E. A. (2018). Building from the ground up: Exploring forensic mental

health staff’s relationships with patients. The Journal of Forensic Psychiatry &

Psychology, 29 (5), 744-761.

Shapiro D. L. (2016). Ethical issues in forensic psychology and psychiatry. Ethics Med

Public Heal 1, 14.

Ward, T., Gannon, T., Vess, J. (2008). Human Rights, Ethical Principles, and Standards in

Forensic Psychology.  International Journal of Offender Therapy and Comparative

Criminology, 53 (2):126-44.

Yadav, P. K. (2017). Ethical issues across different fields of forensic science. Egypt J

Forensic Science, 7 (1): 10.