Do you agree with the example of confidentiality stated below? 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?
Confidentiality, privacy, and privileged communication are crucial components of any profession. However, 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. Lustgarten (2015) suggested that privilege is the legal right owned by the client and protecting them from having their private therapy information divulged in judicial proceedings. On the other hand, confidentiality is a law made for the security of the information provided by persons to providers that is private. Therefore, it gives restrictions on where the data provided and how it should share to such a party. Considering this, the person must agree to the dissemination of this information even to third parties. Confidentiality is extremely difficult to preserve in personal and professional relationships and is vital to protecting anonymity, protection, and confidence. Lustgarten (2015) suggested that privacy applies to the right of an individual to determine who has access to their records.
In my profession, Insurance Portability Accountability Act (HIPAA) privacy rules establish national standards to protect individual medical records and other personal health information provided to health plans, doctors, hospitals, and other healthcare providers. However, the concept of a duty to warn and protects applies to situations in which doctors are supposed to violate confidentially to protect a person who could be adversely endangered by their patient ( Zhand and Attwood,2018,p. 309 ). For example, Mr. X was away from his spouse for over four months and had gone to see his doctor and told that he had contracted a sexually transmitted disease based on blood results, which showed that he contracted HIV. While it was the doctor’s duty not to reveal any information about Mr. X, by telling Mr. X partner about his condition, the doctor had to violate confidential information. The doctor knew that his partner would be at risk of contracting the virus in this particular case, and the doctor needed to divulge the information with Mr. X ‘s spouse.