Privileged communication is a legal concept that prohibits the disclosure of confidential communications
Privileged communication is a legal concept that prohibits the disclosure of confidential communications, while referring to confidentiality as the ethical responsibility of professionals to safeguard clients from unauthorized disclosures. This is one example of an important distinction that spans the legalities and ethical nature of professional practice. An understanding of these distinctions is not only characteristic of a responsible professional, but is also vital to the provision of ethically and legally accountable services in clients’ best interests.
Discuss the differences between confidentiality, privacy, and privileged communication, as well as the differences between the duty to warn and duty to protect. What would you think is the most important aspect of confidentiality as it relates to your profession?
Present a scenario in which you discuss some of your ideas in simple and clear language, as though you were having an actual discussion with a colleague who was in training. Then, discuss situations in which it is legally required that you breach confidentiality. Your initial post should be at least 300 words in length. Respond to at least two of your classmates by Day 7.
Sample Solution
Confidentiality, privacy, and privileged communication are all related concepts that are often confused and misused. Confidentiality refers to the responsibility of a professional to maintain the secrecy and integrity of sensitive information shared with them by clients or colleagues. It is an ethical obligation bound by law which must be adhered to in order for patients or clients to feel safe disclosing personal or sensitive information. Privacy, on the other hand,reflects a person’s right to keep some aspects of their life private. This can include any information they don’t want disclosed without their permission (e.g., medical records). Privileged communication goes one step further than confidentiality as it provides legal protection against disclosure of confidential conversations between certain professionals (e.g., lawyers and psychiatrists) and their clients.
The duty to warn refers to a professional’s obligation to report potential risks if they have reasonable cause that someone might be in imminent danger from another individual (e.g., doctor has knowledge that patient poses risk of harm due substance abuse). The duty differs from privilege as there is no requirement for consent prior warning authorities who may intervene before an injury occurs but can still breach confidentiality; while privilege requires consent prior making disclosures however limits which parties may intervene depending on profession involved who cannot breach confidentiality without risking repercussions like punitive damages or criminal prosecution due breaking laws protecting privilege communications legally recognized courts (e.g., lawyer-client privileges). On the other hand, a duty protect involves taking steps ahead time prevent danger rather than reporting something after fact such as providing resources help mitigate risk when client discloses thoughts harming self others before action taken – similar concept known “duty care" whereby healthcare provider obligated provide necessary services reduce harm coming patient's way even when client doesn't seek help themselves out fear being judged harshly society/workplace etc .
As far my profession concerned most important aspect confidentiality ensure trust between therapist client since goal therapy helping person feel comfortable discussing issues would otherwise remain concealed thus creating safe environment sharing personal details journey towards healthier happier life free oppressive secrets hidden shame guilt etc resulting from past experiences trauma etc . Therefore viewed strict adherence this principle paramount understanding importance keeping these conversations private prevents anyone abusing power access confidential data malicious purposes whether political corporate financial reasons amongst many others imaginable scenarios where trust broken due lack respect breaching boundaries set forth agreement both parties abide by provide assurance safety security needed achieve therapeutic goals desired outcomes end treatment successfully without compromising well-being either party involved process