Lecture 4

 Confidentiality is so essential to the

counseling relationship.

 Confidentiality is a complex obligation with

several exception and nuances and both legal
and ethical implications have to be
considered.
 …is considered fundamental to counseling
because, by its very nature, counseling is an
intimate relationship which often involves the
client in divulging information about their
current and past situations, as well as their
opinions and innermost feelings.
 This can only take place in a relationship
based on trust.
 Confidentiality combines both the imparting
of secrets and trusting someone with them.
 Confidentiality is fundamental to the trust
and integrity of the counseling relationship.
 It creates a safe space for the client to
explore difficult and challenging issues and
clearly signals that the client has control
over any subsequent disclosures of the
information or insight derived from it.

 The counselor’s commitment to

confidentiality marks a boundary that
supports ethical principles of respect for
client autonomy and fidelity and places the
client in control of decisions about the
client’s best interests and the avoidance of
harm outside the counseling relationship.
 Confidentiality, privileged communication,
and privacy are related concepts, but there
are important distinctions among them.
 Confidentiality is a foundation of safe
therapy.
 Confidentiality which is rooted in a clients
right to privacy is at the core of effective
therapy, it is the counselor’s ethical duty to
protect private client communication.
 Psychotherapies are prohibited from
disclosing confidential communication to an
third part unless mandated or permitted b
law to do so.
 Court decisions have underscored that there
are circumstances in which a therapist has a
duty to warn and to protect the client or
others even if it means breaking
confidentiality.
 Inform clients about the limits of
confidentiality , counselor must understand
their limits. This involve doing legal
homework and engaging in personal soul
searching regarding their own moral
principles. Devise an informed consent
document that reflects real intentions and
that describes confidentiality and its limits in
clear language. Discuss the importance of
confidetiality with your clients
 Refer to Section B - ACA Code of Ethics
2005.

 Confidentiality, privileged communication,

and privacy.
 …..is a legal concept that generally bars the
disclosure of confidential communications in
a legal proceeding.

 In other words, therapist can refuse to answer

question in court or refuse to produce a
client’s records in court.

 These laws ensure that personal and sensitive

client information will be protected from
exposure by therapists in legal proceedings.
 This privilege belongs to the client and is
designed for the clients protection rather
than for the protection of the counseling
professional.

 Professional are obligated to disclose

information that is neccesssary and sufficient
when the client requests it, but only the
information that is specifically requested and
only to the individual or agencies that are
specified by the client.
 Refers to the constitutional right of an
individual to decide the time, place, manner,
and extent of sharing oneself with others.

 Practitioners should exercise caution with

regards to the privacy of clients.

 Counselors must not reveal identifying

information about clients, orally or in writing
, or even the fact that the consult you.
 It is easy to invade a client’s privacy
unintentionally.

 Example: a third party payer’s access to

information about client’s diagnosis and
prognosis, parent’s access to their child’s
children school and health records.
 If counselor have occasion to meet clients
outside of the professional setting, it is
essential that they do not violate their
privacy. It is good practice to talk with client
and discuss how counselor and client might
interact in these possible meetings.
 School counselors need to balance their
ethical and legal responsibilities with three
groups:
◦ The student they serve
◦ The parent or guardian of those students
◦ The school system

◦ Although school counselors may be required to

provide certain information to parents and school
personnel, they need to do so in a manner that will
minimize intrusion of the child’s or adolescent’s
privacy
 When it does become necessary to break
confidentiality, it is a good practice to inform
the client of the intention to take this action
and also to invite the client to participate in the
process.

 This step may preserve the therapeutic

relationship and create the opportunity to
resolve the issue between the individuals
concerned.
1. Client request for release of information.
2. Court order for Confidential information
3. Client’s complaints and ligitation against
mental health professional.
4. Dangerous client and the duty to protect
5. Counseling HIV-positive clients.
 Discuss about Confidentiality, Privileged
Communication, and Privacy in ACA Code of
Ethics(2005).
 Counselor spurred by courts, have come to
realize that they have a dual professional
responsibility; to protect other people from
potentially dangerous clients and to protect
clients from themselves.

 Example: Tarasoff VS Regents of the

University of California
THANK YOU