Index IntroductionForms of Client ConfidentialityAttorney-Client ConfidentialityDoctor-Patient ConfidentialityCounsellor or Therapist-Client ConfidentialityImportance of Client ConfidentialityAvoiding Breaches of ConfidentialityConclusionIntroductionClient confidentiality is the practice in which an institution or individual provides a The beneficial service keeps the information, details and, in some cases, the identity of its customers, private and free from disclosure to third parties, unless the customer consents or an obligation legal such as a search warrant or subpoena requires disclosure.Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Privacy is based on four fundamental principles: Respect for an individual's right to privacy. Respect for human relationships in which personal information is shared. Appreciation of the importance of privacy for both individuals and society. Expectations that those who are committed to safeguarding confidential information will do so. (Understanding confidentiality. - The Manitoba Teachers' Society, n.d.) Confidentiality is an extension of privacy that ensures that identifiable data such as name, address, contact number, email address must be protected email, driver's license number and information about your family, such as your parents' surname before marriage, your spouse's name, relationship status, etc. and the release of any information disclosed to the professional in confidence. The need for confidentiality can take the form of a contractual obligation through a service contract, employment contract or contract with the client, as an ethical obligation informed by a code of ethics or conduct or as a statutory obligation governed by professional regulation or a particular scheme. legislative. (Townsville Community Legal Service (TCLS), n.d.) Forms of Client Confidentiality Attorney-Client Confidentiality Confidentiality is the fundamental principle of legal ethics. (Susan P. Koniak, 1992) Attorney-client privilege is one such doctrine of confidentiality that states that whatever information a client discloses to the lawyer will remain secret and neither the lawyer nor the client will have to testify regarding such matters. In the case of certain very unusual circumstances, the lawyer has the right to disclose any private information, if he believes it is vital to prevent the loss of someone's life and property. It is essential to allow sincere and frank communications between both parties. Thanks to the secrecy promised by this doctrine, among related others, the client is more likely to be honest and reveal crucial information to the lawyer because he has no fear that this data could be used against his interests. Confidentiality is often seen as a necessary corollary of the adversary ideal (Fische, 1998): it helps the lawyer provide sound, carefully reasoned legal advice. Indeed, armed with full knowledge, legal advisors are better equipped to "fulfill all their professional responsibilities, respect their duties of good faith and loyalty to the client and contribute to the efficient administration of justice". (King, 2002) However, it also decreases the chances of negative information being disclosed. Furthermore, the “zero-sum” nature of litigation suggests that the perpetrator party is entitled to the same privacy protections as the victim and both parties are significantly and unfavorably balanced. But confidentiality laws also mask the lawyer's involvement in a client's illegal scheme, thus preventingtransparent and fair legal action. The Logan case is the perfect example. In 1982, Alton Logan was convicted of killing a McDonald's security guard, a crime he did not commit. At the time of the trial, Dale Coventry and Jamie Kunz knew of Logan's innocence; Andrew Wilson, another man under investigation for the crime, had already confessed to killing the guard. However, Coventry and Kunz did not provide this information because they were Wilson's attorneys (representing him on unrelated charges involving the murder of two Chicago police officers). So Coventry and Kunz kept their client's secret for twenty-six years while Logan served his life sentence. After Wilson's death in 2008, and with his prior approval, lawyers finally came forward with an affidavit detailing the confession. They had prepared (and notarized) the document more than two decades earlier, so that when they were finally allowed to talk about Wilson's death, their claims would be considered credible. With their help, Logan was finally released from prison. (Possley, 2008) Doctor-Patient Confidentiality Patient confidentiality is the client confidentiality owed to patients that ensures that no personal information, data or documents shared with the healthcare provider should be shared with anyone else unless the patient consents , although medical records are unlikely to remain confidential forever. The doctor's duty to keep patient information confidential dates back at least to the earliest codes of medical ethics – for example the Hippocratic Oath, which required the doctor to promise that "What I can see or hear during treatment or even outside of the treatment towards the life of men, which for no reason must be spread outside, I will keep to myself considering it shameful to talk about such things." (Berg, 2011)Only under certain conditions can confidentiality be deliberately violated, i.e. parents must have access to their children's medical information. The patient himself can sign a waiver that lets his friends and family know about his current medical condition. If a patient is considered mentally or physically incompetent, their medical information is no longer confidential and available to their caregivers. In some US states, evidence of child or elder abuse and gunshot wounds is also a prerequisite for notifying authorities. (Jessica De Bord, n.d.) Patient confidentiality is essential because without it, patients may not disclose important information to their healthcare provider. For example, in the United States of America, during the 1970s, the number of people involved in substance abuse treatment increased dramatically, but any drug-related activity, including substance abuse treatment, could be the basis for a criminal prosecution at the federal level. (Fallon) So it stopped a lot of people from seeking treatment. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 required that all healthcare providers and organizations protect patient identity and maintain the integrity of relevant privacy laws. However, some types of patient information are released to researchers, families of other patients, other pharmaceutical and public health officials and technicians, law enforcement and third-party payers, and some biomedical organizations. Patient consent, in this case, is not required in many parts of the world. Privacy concerns aside, it is critical that the patient and caregiver maintain a close, caring relationship in which there is a high sense ofof safety and trust among patients. two of them, since “effective treatment requires accurate information. Patients are more likely to provide this information when they are not concerned about public exposure.” (Pamela Sankar, 2003) Counselor or Therapist-Client Confidentiality Therapist-patient confidentiality is the requirement that mental health professionals or counselors protect their patients' right to privacy by maintaining their identity and the details of their sessions (e.g. example notes, recordings and other similar files) private. Confidentiality is undoubtedly one of the basic principles of psychotherapy and counseling. Whatever the patient says to the therapist must remain between him and him alone. Patients are at a very vulnerable point in their lives when they seek counseling and it is impossible for them to get the help they need, without having full trust that the counselor will keep their thoughts, confessions and state of mind secret. 'heart. HIPAA includes a segment that protects an individual's mental health information. (Angela Londoño-McConnell, Stacey Larson, n.d.) Any disclosure of information is done solely by the patient, unless the patient has authorized the therapist through a written and signed authorization. (Confidentiality, n.d.) Confidentiality is not just limited to a code of ethics or professional conduct, but also has a legal aspect. “Any licensed therapist who violates confidentiality without patient approval is exposed to legal action and may lose their license for violating professional ethics.” (Goleman, 1993) Although specific laws vary, there is a basic guarantee of complete confidentiality for clients, except in certain situations. Therapists are legally obligated to break confidentiality if their patient poses a risk to himself or others, for example if he intends to commit suicide or is thinking of harming someone. This provision was adopted after the murder of Virginia Tarasoff, a student at UC Berkeley, by a fellow student who had revealed to his counselor that he intended to kill her. The counselor chose to maintain client confidentiality and did not warn Tarasoff, and was sued by Tarasoff's parents when the fact that the killer had professed his intentions in therapy came to light. (Goleman, 1993) (Jessica De Bord, n.d.) Therapists are also required by law to hand over medical records, patient details and related documents if requested by law enforcement. (Ley, 2014) Importance of Client Confidentiality Aside from its obvious importance in maintaining transparency and candor by promoting a feeling of trust between the two parties, confidentiality laws prevent the disclosure of potentially embarrassing personal information which could include past incidents of sexual abuse, domestic violence, etc. drug use, alcohol addiction, medical information, marital problems, erratic behavior, poor education, poor work ethic, relationship or psychological history etc. Privacy restrictions also prevent the discovery of details about a person's parents, spouse and children, which could increase the chances of discrimination against them, for example if they have struggled with a mental illness such as schizophrenia in the past or suffer from a medical condition such as narcolepsy, employers may be reluctant to hire him for a temporary job. Exposure to such information can be highly damaging to an individual's reputation, especially if it is inaccurate, such as if the person has been prosecuted in the past for false child abuse charges. Sometimes confidentiality is paramountimportance for personal safety, especially in the case of domestic violence shelters and witness protection programs. Both require the utmost confidentiality for their success. Privacy provisions also safeguard family safety, especially immigrant families who choose not to avail themselves of medical and other social services, out of fear of being deported if the Immigration and Naturalization Service (INS) finds out. They may also be needed to encourage people to use services designed to help them. Adolescents may avoid seeking mental health services at a school clinic, for example, if they believe the information will reach their teachers, parents or peers. The same applies to contraception or HIV-related medical consultations. (Soler, 1993) All privileged communications between lawyer and client are protected by the legislature of Pakistan, under Article 9 of the Qanoon-e-Shahadat Order of 1984. any communications made to him in the course and for the purposes of his relationship of working as such a lawyer, by or on behalf of his client, or to declare the contents or status of any document of which he has come into the knowledge in the course and for the purpose of his professional employment, or to disclose any advice given by him to the his client in progress and for the purpose of such employment." (Government of Pakistan, 1984) These obligations of secrecy are mandatory even after the lawyer has left employment. However, lawyers are still required to disclose information that clearly demonstrates the involvement of the client in the prosecution of illegal actions. Furthermore, Article 12 of the same ordinance further reinforces the fact that communication between lawyer and client is confidential: “No one shall be obliged to disclose to the Court, Tribunal or other authority that exercises judicial or quasi-judicial powers or to the Jurisdiction any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be obliged" to disclose any communication which may appear necessary to the Court to explain the evidence provided by him, but no one else. (Government of Pakistan, 1984) (Nashat, 2010) It should be noted that this article prohibits authorities from pressuring individuals to reveal certain inside information in court, but does not prevent them from disclosing such information voluntarily. Pakistan is a little behind in matters of doctor-patient and therapist-client confidentiality. There is no system to oversee the implementation of customer confidentiality, so the responsibility falls on the shoulders of individuals who must do what they see fit. According to Ravale Mohydin in the Express Tribune, confidentiality between therapist and patient is not a concept understood by psychologists. Many counselors freely share information that should be kept confidential with their patient's family. (Rauf, 2015) Those who are wronged and suffer from violations of customer confidentiality do not know enough about their rights to obtain compensation. “In Pakistan there is no law that protects patients from violation of privacy: there is only a confidentiality contract signed by some therapists.” (Rauf, 2015) Doctor-patient confidentiality seems to suffer much of the same indifference, but it does not always go unpunished. A doctor at the Pakistan Institute of Medical Sciences (PIMS) has been suspended after allegedly uploading a short 15-second video of a key political figure during his visit. (JUI-F leader filmed by doctor during medical examination, 2016) It is not yet clear, however, whether this action was taken due to involvement.