Breach Of Confidentiality: A Case Study

How I would explain the difference between privacy, confidentiality, and privileged communication to a client.

Some of our service users have profound learning disabilities and their level of comprehension and understanding is very limited, however they communicate constantly.

Adults who work with children and young people will come to know most of the personal information like date of birth, address and contact details and also sensitive information like behavioural issues, some medical information, family background, whether parents are divorcing and so on. It is the responsibility of the adult to keep this information confidential. They must protect the identity of the child they work with and that of their families and carers. They must do everything in their power to protect the privacy of every child and adult.

The subject I intend to reflect upon is confidentiality within a professional healthcare setting. Confidentiality formed a part of our professional issues lectures and it piqued my interest due to how differently it is interpreted within healthcare as opposed to education, which is my background. In an educational setting I was taught repeatedly that I could never ensure confidentiality between myself and a child. Comparing that to what I have now learnt in healthcare, this seemed to me almost the opposite way of working as I was used to and so I wish to reflect upon this.

The nature of the banker-customer relationship is one of agency. Amongst the duties that stem from this relationship, the bank’s duty of confidentiality is clearly an issue of great importance. The focus of this essay is on the scope and limitations of the bank’s duty, both to its customers as to the public. In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly, it is necessary to study the Court of Appeal’s judgement in the case of Tournier. Thirdly, this essay will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the Banking Code, it will also discuss whether the principle in Tournier may be outdated and if so, whether it is in need of a new crystallised self, clearly stating the limits and boundaries of the bank’s duties both to the customer and to the public itself in the form of a statute. To conclude this essay will consider the future of the duty of confidentiality.

Another key value in this case is Confediality, mostly for the safety of the family. As NASW describes “Social workers should discuss with clients and other interested parties the nature of confidentiality and limitations of clients’ right to confidentiality” (National Association of Social Workers, 2008); since the school has been discussing the family in negative ways I would want to have a talk with faculity about the attention this can cause. In reality the family being put out in the

Counselors need to be guided by the ethical standards set forth by the American Counseling Association’s Code of Ethics. These standards define ethical conduct in the counseling profession, and provide guidance for maintaining professionalism in any situation. I have become familiar with many of the sections included in the ACA Code of Ethics from the research and assignments completed in this class. Garnering an awareness of the ACA Code of Ethics as it pertains to informed consent, confidentiality, professional responsibility, and resolving ethical issues, has given me confidence to discuss and evaluate the legal issues and ethical obligations associated with this profession. The section regarding professional responsibility of this document resonated with me the most, and elicited a feeling of confidence about counseling ethics and law, that was not present before this class. Professional responsibility sets the tone for everything else we do. As counselors, we must be guided by professionalism and high standards. Standard C.1 of the ACA Code of Ethics (2014) states that counselors have a responsibility to read, understand, and follow the ACA Code of Ethics, and abide by all applicable laws and regulations. While there are a plethora of legal and ethical issues that may arise for professional counselors throughout their careers, I feel that this class has given me a broad overview of how to be proactive and use appropriate decision-making tools to work

As a professional school counselor, it's important to be competent in the profession that you're in and also abiding the code of ethics. I went to my state of Georgia's board of education website for school counselors, and I can upon a case dated back in 2006 that had something to do with a school counselor who was found to be incompetent in her profession. In the case of Julett Carnahan vs Butts County board of education, one of the reasons the board decided to discipline Carnahan was because they found her to incompetent as a school counselor. The case also stated the superintendent presented evidence that other faculty members did not believe her at all as a school counselor. Other evidence shows that she failed to meet with one student for a couple of days after being referred by someone, and it required consultation within 24 hours which is also an ethical violation (Julett Carnahan vs Butts County Board of Education, 2006).

When asked to make a seat of the pants decision for the following case study, I have decided that my initial decision would be to ask the teacher to no longer continue to associate with the students outside of school for non-school sponsored functions and withdraw his invitations to the gathering. I believe that there must be a clear boundary between a professional and personal relationship. As a professional, you must adhere to a strict code of ethics and there are also standards that must be maintained. With the information provided, it is evident that Mr. Nelson is disregarding some standards. The NEA Code of Ethics says, “The educator shall not use professional relationships with students for private advantage” (Kenneth & Soltis 2009, p.15). I feel that this standard can be applied to both the educator and the student. The teacher is using his professional status to help these boys gain an advantage due to his relations in his private life. Mr. Nelson is also only offering these privileges to the best players on the team. Mr. Nelson is also breaking another

The ACA Code of Ethics states, “when counselors are faced with ethical dilemmas that are difficult to resolve, they are expected to engage in a carefully considered ethical decision-making process,” (ACA, 2014, p. 3). Throughout these three case studies, I will use the seven-step ethical decision-making model to address the important professional issues, relevant ethical codes, and legal standards (Forester-Miller & Davis, 1996). By applying the steps to each case I will share how I came to my resolutions.

Everyone is entitled to confidentiality unless they give permission for someone else to see their information or they can no longer make decisions on their own (for example, if they are confused or comatose). A federal law, Health Insurance Portability and Accountability Act applies to most health care physicians and its guideline, known as the Privacy Rule. The Privacy Rule sets specific rules regarding privacy, access, and disclosure of information. For example, HIPAA specifies the following:

Developments in the Law Surrounding an Action for Breach of Confidence In this essay I will argue that the developments in the law surrounding an action for breach of confidence have not drawn an equitable and acceptable balance between the privacy of, and free expression about, public figures due to the evolutionary nature of common law. Furthermore, due to the unwillingness of the judiciary to address an independent tort of privacy it may well be time for the Government to legislate. I will address this by considering the development of the laws of breach of confidence prior to the introduction of the Human Rights Act in 2000, and by looking at how they have addressed the balance between free

This particular case illustrates a court trend in favor of school districts when involving educational litigation against professional educators, including school counselors (Stone, Zirkel 2010). This trend suggests that school counselors should think carefully before exercising their personal or professional beliefs, unless they estimate no employment discipline by their superiors. The point is that there is a very fine line between performing your duties without legal ramifications.

The hundreds of hours of flight time required to be a pilot come with a hefty price, so anyone who is a pilot has surely proven their passion and persistence for flying. However, it’s a wonder that this same dedication doesn’t follow through for some once they’ve landed a job with a major carrier and I think it may be because the path is often so strenuous that getting a job itself is treated as the goal, when it actually is a stepping stone to really being a pilot.

1: Classify each of the following as a violation of confidentiality, of integrity, of availability, or of some combination thereof.