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Confidentiality in psychological practice: a decrepit concept?
1School of Law and Legal Studies, La Trobe University, Bundoora VIC 3083, Australia.
Australian Psychologist
|November 1, 1995
Summary
Psychologist-client confidentiality is limited by legal and ethical factors, not just exceptions. A critical analysis is needed to re-evaluate the core principles of this important professional relationship.
Area of Science:
- Psychology
- Ethics
- Professional Conduct
Background:
- Confidentiality is a cornerstone of the psychologist-client relationship, emphasized by the Australian Psychological Society (APS) Code of Professional Conduct.
- However, legal protections are absent, and ethical beliefs, institutional practices, and APS code provisions create limitations.
- Statutory reporting obligations and potential dangers to clients or others can mandate breaches of confidentiality.
Purpose of the Study:
- To critically examine the foundational principles and rationale for confidentiality in the psychologist-client relationship.
- To argue that the obligation of confidentiality has been assumed rather than rigorously analyzed.
- To propose a critical examination as the basis for rehabilitating contemporary confidentiality principles.
Main Methods:
- Literature review and critical analysis of existing ethical codes and legal frameworks.
- Examination of the Australian Psychological Society's Code of Professional Conduct (1994) and its amendments.
- Discussion of the implications of legal requirements, ethical beliefs, and institutional practices on confidentiality.
Main Results:
- The principle of confidentiality is circumscribed by various factors beyond typical exceptions.
- Legal proceedings and mandatory reporting laws can necessitate breaches of confidentiality.
- Institutional practices and evolving ethical considerations (e.g., mandatory disclosure for suicidal clients) further complicate the obligation.
Conclusions:
- The current understanding of psychologist-client confidentiality relies on assumed principles rather than thorough analysis.
- Exceptions to confidentiality are often discussed without a foundational agreement on its significance and rationale.
- A critical re-evaluation of the obligation is essential for developing robust contemporary principles of confidentiality.
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