Confidentiality in psychological practice: a decrepit concept?
Although the principle of confidentiality in the relationship between psychologists and client has been vaunted, and is emphasised in the Australian Psychological Society's Code of Professional Conduct (the APS code; 1994), the confidentiality of this relationship is circumscribed by the absence of legal protections, the ethical beliefs of psychologists, institutional practices, and the provisions of the APS code itself. Lack of privilege in judicial proceedings, and statutory obligations to report certain types of behaviour, mandate breaches of confidentiality in some circumstances. Ethical beliefs of psychologists may support disclosure, especially where it is believed that there is danger of serious physical harm to the client or others. Multidisciplinary teams and institutional settings require the exchange of information for optimal delivery of services. Recent amendments to the APS code may require disclosure without the client's consent when a client is believed to be suicidal. Such developments, when considered at all, are typically regarded as exceptions to a general obligation of confidentiality. However, discussion of exceptions presupposes agreement on fundamental principle: the significance of, and rationale for, confidentiality in the psychologist-client relationship. It is argued in this paper that the obligation of confidentiality has been assumed rather than vigorously analysed and empirically explored. A critical examination of this obligation is the most appropriate starting point for the rehabilitation of contemporary principles of confidentiality in the psychologist-client relationship.
McMahon
M
M
School of Law and Legal Studies, La Trobe University, Bundoora VIC 3083, Australia.
Knowles
A D
AD
D001291:Attitude of Health Personnel; D001315:Australia; D032781:Codes of Ethics; D003219:Confidentiality / Q000941:ethics / Q000331:legislation & jurisprudence; D030881:Disclosure / Q000941:ethics; D004995:Ethics, Professional; D006801:Humans; D011369:Professional-Patient Relations; D011584:Psychology / Q000941:ethics* / Q000331:legislation & jurisprudence; D011639:Public Opinion; D012958:Societies, Scientific