FIU Development Of Clients Rights of Privacy and Confidentiality Discussion

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Cvyvatb

Humanities

Florida International University

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To further your study of clients’ important rights of privacy and confidentiality, you will do some research on your own. This will assist you in learning the history of these rights and examining their implications for ethical practice. Then, you will create a plan for how you will ensure you respect these rights in your future practice. Use the readings, internet, and Purdue Global Library to research the development of clients’ rights of privacy and confidentiality.

Please respond to the following:

  • Discuss the history and the basis of clients’ rights to privacy and the development of the right of confidentiality.
  • Why are these rights necessary and important for clients receiving services?
  • How do these rights impact service delivery by human service professionals?
  • Develop a plan to protect your future clients’ rights to privacy and confidentiality.
    • Discuss ways you intend to implement these ideas in your practice.

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Discuss the history and the basis of clients’ rights to privacy and the development of the right of confidentiality. The right to privacy is the time-travel paradox of constitutional law, even though it did not exist as a constitutional doctrine until 1961 and did not form the basis of a Supreme Court ruling until 1965, it is, in some respects, the oldest constitutional right. Citing the Fourteenth amendment’s due process clause, the resulting 1965 Supreme Court case –Connecticut vs. Griswold- struck down all state-level bans on birth control and established the right to privacy as a constitutional doctrine (Woody, 2001). Today, the right to privacy is a quite common cause of action in numerous civil lawsuits. As such, modern tort laws include four general categories of invasion of privacy: unauthorized public disclosure of private facts, intrusion into an individual’s private space/solitude by electronic or physical means, unauthorized use of an individual’s likeness or name to obtain benefits, and publication of facts that place an individual in a false light (Corey, Corey, & Corey 2019). On the other hand, confidentiality pertains to the treatment of data that a client has disclosed in a relationship of trust and with the expectation that it will not be divulged to others without permission in ways that are inconsistent with the understanding of the original disclosure. While privacy is about clients themselves, confidentiality is about their date or information. Why are these rights necessary and important for clients receiving services? Privacy is a fundamental right, significant to autonomy and the protection of human dignity, serving as the foundation upon which numerous human rights are built. The right to privacy gives clients space to express their needs and feelings without any judgment, allows them to think freely without discrimination, and is an essential element of giving them control over who gets to know about their situation (Woody, 2001). The right to privacy is also an essential way to protect clients against the unjustified and arbitrary use of power. The rules that protect privacy give clients the ability to assert their rights in the face of significant power imbalances. On the other hand, the purpose of client confidentiality is to encourage clients to share information that may be embarrassing or even self-incrementing (Corey, Corey, & Corey 2019). The expectation is that when a client tells a social worker, the professional will not reveal it to others. How do these rights impact service delivery by human service professionals? Through confidentiality, clients are able to share with the professional valuable information. Via this sharing of information, the professional is able to assist the client in addressing an issue, a problem, or a concern the client may be experiencing. The right to privacy and confidentiality also limits social workers from disclosing confidential information of the client obtained in the course of professional service (Corey, Corey, & Corey 2019). According to the NAWS standards, social workers should respect clients' right to privacy. Social workers should not solicit private information from or about clients except for compelling professional reasons (National Association of Social Workers, 2017). Once private information is shared, standards of confidentiality apply. A Plan to protect my future clients’ rights to privacy and confidentiality Every social worker must ensure that the privacy and confidentiality of their clients are maintained. They should act in accordance with the NAWS and NOHS ethical standards. As a future social worker, for a smooth career, I will ensure that I preserve my client's privacy at all costs. Once data is collected, I will lock the written data in a file cabinet in my personal office. If funds are available, I’m willing to create a safe inside my office. After I’m done with a client I will shred the written data to prevent leakage. Additionally, a firewall and a password will be used to safeguard computerized data. This is an assurance that clients are somehow protected from harm.. References Corey, G., Corey, M. S., & Corey, C. (2019). 3P-EBK:ISSUES/ETHICS HELPING P ROFESSIONS (10th Edition). Cengage Learning EMEA. Retrieved from: https://mbsdirect.vitalsource.com/books/9781337671 National Association of Social Workers (NASW). (2017). NASW practice standards & guidelines. Retrieved from: https://www.socialworkers.org/Practice/PracticeStandards-Guidelines Woody, R. H. (2001). Psychological information: Protecting the right to privacy: A guidebook for mental health practitioners and their clients. Psychosocial Press. Retrieved from: https://psycnet.apa.org/record/2002-00021-000 EXAMPLE 2 Discuss the history and the basis of clients’ rights to privacy and the development of the right of confidentiality. Why are these rights necessary and important for clients receiving services? Social workers have always recognized that clients have various rights. Throughout the profession’s history, social workers have especially understood the fundamental importance of clients’ right to confidentiality and self-determination. The concept of client rights flourished during the 1960s, consistent with that era’s noteworthy preoccupation with a wide range of newly emerging, legally recognized rights—civil rights, patients’ rights, women’s rights, prisoners’ rights, welfare rights, consumers’ rights, and so on. Over time, social workers have broadened and deepened their understanding of client rights. The current NASW Code of Ethics addresses numerous important client rights not broached in the predecessor codes (the 1960 and 1979 codes), such as the rights of deceased clients, clients with respect to social workers’ relationships with the media and third-party payers, and clients who are illiterate. Social workers should be clear about the range and nature of clients’ rights and provide clients with clear information about them. Informing clients about their rights is important ethically and can also help prevent ethics complaints and lawsuits filed by clients who allege that social workers violated their rights. Ideally, social workers and their agencies should develop clear, understandable summaries of client rights. In typical social work settings, these rights concern the following: confidentiality and privacy; informed consent; access to services; service plans; options for alternative services and referrals; the right to refuse services; termination of services; access to records; grievance procedures; evaluation and research (Reamer, 2006). How do these rights impact service delivery by human service professionals? Human service professionals are devoted to the greater good. They work closely with individuals, families, communities, even populations, who are struggling, to help them meet their basic human needs, solve problems, and improve their overall quality of life. Human service workers, above all, must protect their clients’ integrity, safety, and security. This includes the protecting the privacy of their clients and any information obtained from the client, unless such confidentiality carries the potential to cause serious harm. Even more, they must uphold respect for the diversity of clients, their cultures, and their beliefs. No personal values or biases should be imposed on a client in any way or form. The Ethical Standards of Human Service Professionals also requires that workers maintain professional and appropriate relationships with their clients (Goodwin University, 2016). Develop a plan to protect your future clients’ rights to privacy and confidentiality. Discuss ways you intend to implement these ideas in your practice. The best way to protect my future clients is to learn and adhere to the ethical standards set in place. It is essential to also rely on colleagues with experience, knowledge and wisdom concerning this particular profession. Guidelines, boundaries if you will, must be put in place from the very beginning. If it does not feel right, it is most likely not. Goodwin University. (2016). Must-Know Ethical Standards for Human Service Professionals. Retrieved from https://www.goodwin.edu/enews/ethical-standards-forhuman-service-professionals/ Reamer, F. G. (2006). Eye on Ethics: Client Rights. Retrieved from https://www.socialworktoday.com/news/eoe_0106.shtml
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DEVELOPMENT OF CLIENTS’ RIGHTS OF PRIVACY AND CONFIDENTIALITY

Development Of Clients’ Rights of Privacy and Confidentiality
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DEVELOPMENT OF CLIENTS’ RIGHTS OF PRIVACY AND CONFIDENTIALITY


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Discuss the history and the basis of clients’ rights to privacy and the development of
the right of confidentiality.
The history and the basis of clients' rights to privacy and confidentiality developed and

flourished in the 1960s. The concept was consistent with other newly emerging legally
recognized rights like women's rights, consu...

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