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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