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PIRM > Week 11: Privacy and Confidentiality > Flashcards

Week 11: Privacy and Confidentiality Flashcards

1
Q

Privacy

A

The right to have control over one’s person information and determining how much, to whom and it what circumstances it is shared

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2
Q

What is involved in the consideration of personal info privacy?

A
  • open and transparent management

- anonymity and pseudonymity

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3
Q

What is involved in collection of personal info?

A

Collecting, dealing with, and notifying about the collection of personal info

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4
Q

What is involved in dealing with personal info?

A

Use or disclosure of information; direct marketing

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5
Q

What is involved in integrity of personal info?

A

Quality and security of that information

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6
Q

When is client info accessible to others

A
  • if explicit permission has been given
  • conditions of informed consent are compromised
  • if there is a risk
  • if there is a legal obligation
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7
Q

Why is confidentiality so important?

A
  • therapeutic relationships are based on trust
  • clients rights are valuable
  • legislation
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8
Q

What are clients rights in terms of confidentiality?

A
  • autonomy
  • privacy and respect
  • fidelity
  • beneficence
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9
Q

When can we deny access to someone’s information?

A
  • if it impacts someone else’s privacy
  • if it poses a serious threat
  • if it creates a legal conflict
  • if it was collected before 21/12/2001 it might creates an administrative burden
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10
Q

Describe the freedom of information act

A
  • individuals can request all info someone has on them
  • can view the info and have someone explain it
  • entitled to accurate summaries
  • copyrighted stuff should not be released in copy
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11
Q

How long should records be stored?

A

A minimum of 7 years from the last client contact, or until the client is 25

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12
Q

How should stuff be disposed of?

A
  • shredded
  • making it illegible
  • making sure it is deleted properly
  • passwords
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13
Q

Duty of care

A

Manage the risk of clients harming themselves

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14
Q

Duty to warn

A

Manage the risk of clients harming others

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15
Q

Section A.5.2

A

Clients must be informed of the limits of confidentiality through the informed consent process

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16
Q

When is disclosure permitted WITH informed consent?

A
  • peer support
  • under supervision (identity concealment)
  • when communicating with other professionals
  • for teaching purposes
  • for discussion with others but only those specified by the client
17
Q

When is disclosure permitted WITHOUT informed consent?

A
  • when there is a legal obligation
  • when there is a risk of harm to self or others
  • risk of client committing a crime
  • client with contagious, life threatening disease
18
Q

Process with suicidal clients generally

A
  • need to be competent
  • take responsibility for the foreseeable consequences of your conduct
  • take reasonable steps to prevent harm
19
Q

Process with suicidal clients specifically

A
  • determine risk to self and others
  • suicide risk assessment
  • arrange appropriate care
  • be sensitive to confidentiality issues
20
Q

Describe the legal obligations of mandatory reporting

A
  • have to report sexual and physical child abuse

- Victorian legislation says you need to report child abuse by any adult

21
Q

Factors to consider when reporting criminal activity

A
  • risk of harm
  • likelihood of reoffending
  • moral responsibility
  • clients understanding of limits of confidentiality
  • workplace policies and procedures
22
Q

Victorian crimes act

A

Failure to report a crime is an offence if the person received inducement to not report

23
Q

In forensic settings-

A

The legal requirement within an employee contract takes precedence over the code and guidelines

24
Q

Privilege

A

The right to withhold information from court

25
Q

Which professional/client relationships are privileged?

A
  • lawyer/client
  • minister/penitent
  • NOT psych/client
26
Q

Describe Tatiana Tarasoff case

A
  • break up
  • he told psych he wanted to kill her
  • psych didn’t think anything of it, thought it was serious but didn’t warn her or family
  • campus police thought it was overstated and that he was rational
  • he killed her
  • formed landmark precedent for health professionals telling the person or relatives when there is a threat to their safety
27
Q

How to maintain and respect confidentiality

A
  • note only relevant info in notes and files
  • share only relevant and necessary info
  • share only info you have permission to share
28
Q

What to do if in doubt of maintaining confidentiality

A
  • seek supervision
  • use a process of ethical decision making
  • document your reasoning

PIRM (11 decks)

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