Differences between confidentiality privacy and privileged communication

No, it is the personal choice of an individual Yes, when the information is professional and legal. Disallowed Everyone is disallowed from involving the personal affairs of an individual.

Differences between confidentiality privacy and privileged communication

Legal Basics 2 responses One day you receive a telephone call from someone whose voice you do not recognize.

Later that week, in a consultation with a colleague, you explain that you answered the way that you did because the information requested was: Count yourself among the majority of clinicians who have considerable difficulty articulating the difference, or if there is one at all.

Many clinicians use them interchangeably, though they are actually two different concepts. The conceptual difference between confidentiality and the psychotherapist-patient privilege is difficult to articulate. When asked about the difference between confidentiality and privilege, an attorney might describe privilege as an evidentiary problem or as a judicial determination.

But no matter the answer, the question might be met with some puzzlement because in the legal world these two concepts are not easily comparable.

An analogue in the clinical world might be if a clinician is asked about the difference between dysthymia and Scale 2 on the MMPI; they are related, but it requires some contortion to align the two. The reason the comparison of confidentiality and privilege is a difficult question to address is partly because it is a comparison of apples and oranges.

In the case of the psychotherapist-patient legal relationship, therapists actually have several duties that they owe, one of which is the duty to maintain confidentiality.

Another duty that clinicians are familiar with is the duty to protect. To reiterate, confidentiality is a kind of duty, one of many that clinicians have. In clinical work, the way this most often takes form is as an exemption from a duty to provide information in a legal proceeding. Like statistics, legal concepts often make more sense when illustrated by example, so consider how these ideas play out in the following hypothetical: Fritz is seeing Gloria as a psychotherapy patient, and because they have a professional relationship the law recognizes that Dr.

Fritz has a duty to maintain the confidentiality of their communications. In other words, Dr. Some years later, Gloria is sued by Albert after she strikes him over an argument about logic.

Content: Privacy Vs Confidentiality

Fritz to enter into evidence. This presents a problem for Dr. He knows that he has several duties to Gloria, one of which is to maintain the confidentiality of their communications, so he asserts the psychotherapist-patient privilege.

By asserting the privilege, Dr. I believe that in this case my duty to maintain the confidences of my psychotherapy patient outweighs my duty to provide information that could be used as evidence, and because of this I believe that I should be exempted from my duty to provide this information.

Fritz asserts his privilege exemptionor maybe the presiding judge makes a ruling on the matter. In either case, the privilege in this case is really the assertion of an exemption to a duty.

Many people find it easier to think about confidentiality in the context of a duty, rather than as a privilege. This website is for basic information only. Nothing in this website should be construed to be formal legal advice, nor does it create an attorney-client relationship.Question.

What is difference between "privileged" communications and "confidential" communications? Answer. The concepts of privilege and confidentiality are often confused. The "clergy-penitent privilege" is a rule of evidence that protects clergy from having to .

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This month, we are looking at the terms privacy, confidentiality, and privilege. What is the difference?

Differences between confidentiality privacy and privileged communication

What is the difference? Does it make a difference if there is a difference? CONFIDENTIALITY OR PRIVILEGE Which is it? Many experienced clinicians in Washington don’t understand the basic difference between Privilege and Confidentiality.

Of course, that’s understandable, since the Washington State “Privilege (or privileged communication) is a leal term describing certain specific types. Sep 14,  · Again, I was just curious what the difference is between privileged communication and confidentiality and how this relates to myself as a student.

Certainly I would always uphold ethical standards. #5 BSWdavid, Sep 13, An explanation of the difference between confidentiality, privileged communication and privacy is provided in this solution in words.

Confidentiality, Privileged Communication and Privacy