Psychologists' perceptions of legal and ethical requirements for breaching confidentiality

Abstract

This paper outlines the legal and ethical duties of psychologists in relation to preserving as well as breaching confidentiality in therapeutic relationships. It analyses the results of a questionnaire examining psychologists’ perceptions of the legal and ethical constraints on confidentiality and their likelihood of breaching confidentiality in different situations. The vast majority of participants indicated that the law permits them to disclose confidential information and that there is an ethical duty to disclose information to a third party when the patient is perceived to be dangerous. The results suggest that there is some uncertainty as to when confidentiality should be breached in practice and it is argued that the law is overly complex in this area and that guidelines are needed to assist psychologists in their clinical practice.

Registered Australian Psychologists' Responses to Ethical Dilemmas Regarding Medicare Funding of Their Services

“…It should be noted that the variable of ethical willingness, while extensively used in previous research (Bernard et al., ; Betan & Stanton, ; Kampf et al., ; Schank & Skovholt, ; Smith et al., ; Wilkins et al., ), only measures agreement between what someone indicates he/she should and would do in a particular situation. Thus, a psychologist may be ethically willing but not necessarily compliant with professional ethics.…”

“…A measure of ethicalness commonly used was developed by Wilkins, McGuire, Abbott, and Blau (), who defined two categories of psychologists— ethically willing psychologists, who agreed on what they said they would and should do in an ethical dilemma based on ethical standards; and ethically unwilling psychologists, who differed in what they would do and should do. Studies have indicated that many psychologists are ethically unwilling in regard to both real‐life practice ethical dilemmas and in response to hypothetical dilemmas (Bernard, Murphy, & Little, ; Betan & Stanton, ; Kampf, McSherry, Thoams, & Abrahams, ; Schank & Skovholt, ; Smith et al., ). For the purposes of the current study, ethical willingness is defined as an agreement in what psychologists say they would and should do in a dilemma.…”

Adolescents, Risk Behaviour and Confidentiality: When Would Australian Psychologists Breach Confidentiality to Disclose Information to Parents?

“…McMahon and Knowles () argue that although obligations of confidentiality are well known, they are complicated by a range of factors such as legal protections, ethical beliefs, institutional practices, and professional codes. The complexities associated with obligations of confidentiality are therefore numerous, and it is perhaps not surprising that previous research indicates psychologists are confused about when to breach confidentiality (Kampf et al., ).…”

“…However, psychologists have also described confidentiality as the cause of their most serious ethical dilemmas (Haas, Malouf, & Mayerson, ; Pope & Vetter, ). Although fundamental, confidentiality between therapists and clients can never be absolute, and it is this stipulation that creates scope for ethical complexity and confusion (Jain & Roberts, ; Kampf, McSherry, Thomas, & Abrahams, ). Determining appropriate limits to confidentiality, and making decisions about which cases require a breach of confidentiality, can be highly challenging and ethically fraught.…”

A social identity perspective on the management of confidential information in organisational contexts

“…On the one hand, professionals are subject to increasingly stringent ethical guidelines that seek to protect the confidentiality of their client (e.g., to safeguard their interests, and preserve their autonomy). At the same time, legal guidelines dictate an increased flow of confidential information (i.e., potentially for the welfare of the individual and third parties; Clark, 2006;Kämpf, McSherry, Thomas, & Abrahams, 2008;Kirkpatrick, Lopez & Prosser, 1999;Vogel, & Nyman, 2011). All of these details highlight the fact that issues of confidentiality are increasingly salient and complex.…”