Speak Out Feb 2020 DIGITAL EDITION. pdf

PRIVACY Ethical obligations to maintain your client's privacy

Privacy is clearly a legal obligation, as we can see in the previous articles, which we can manage appropriately with foresight and planning. Accompanying those legal responsibilities we have ethical obligations to maintain our client’s privacy, which includes ensuring the confidentiality of their information, which they have shared with us. Members often contact National Office for advice on this topic when issues arise with the maintenance of client privacy and confidentiality. Here are some scenarios members face: 1. A mother brings a child for regular therapy sessions; the parents are divorced, and the mother states the father has no contact with the child at all. You have requested a copy of any court orders relating to parenting, and have a copy in your file that states the mother has sole custody and sole responsibility for health-related matters. The father emails you to ask for an update on how the child is progressing, what can you tell him? 2. You move into a new office and take some old paper files with you that have been archived. At the moment they are stored in three cardboard boxes in an unlocked cupboard in your office. Until you have time to scan them to store electronically, how should you store the hard copies? 3. You are working with an 18-year-old client with a severe intellectual disability. He discloses some information to you that is concerning, can you tell his parents? 4. You are at your local shops on a Saturday and see a client get out of a car. You go up to say hello. Another person you do not know, who looks to be about the same age as the client so may be a friend, gets out of the client’s car and asks who you are. The client doesn’t answer, what do you say? 5. You inadvertently click on a link in an email and malware takes over your computer. You are not sure if your online Patient Management System is compromised, but it looks like emails have been sent to patients with files attached. What do you need to do? The common ethical issue underlying all of these scenarios is that the client’s privacy is paramount; we must act in ways that protects the confidentiality of the information we hold about that client. This ethical obligation requires us to understand the legal implications of: - a parenting order (scenario 1) and where to seek legal advice about how to manage the request from the father; - the requirements for and practicalities of secure record storage (scenario 2) and how to prepare then enact a data breach plan (scenario 5); or - knowing where to seek support in determining whether

a client with an intellectual disability is considered legally competent and therefore whether his consent is required before disclosing information to his parents, or, if the information you have heard is significant, what is the threshold for disclosing information without consent (scenario 3). There are also ethical considerations in these and other scenarios speech pathologists contend with, such as: - how to carefully and tactfully not disclose the nature of the relationship you have with a client you bump into in public (scenario 4); - having a conversation with the client in scenario 3 to assist his understanding of how telling other people can help him get the support he needs; - providing training for your staff to know and understand their obligations and the practice’s policies and procedures that support client privacy, including your data breach policy. The ethical issues that arise regarding maintenance of privacy can also be supported through foresight and planning, however, we have all experienced situations that occur without warning that challenge us.

The common ethical issue underlying all of these scenarios is that the client’s privacy is paramount...

A range of FAQs and information sheets are available on the SPA website to support members who are developing or reviewing their policies and procedures or are facing various situations where privacy may be a concern. The Professional Practice and Ethics teams at SPA are also available for members to contact with queries and for support when managing a challenging situation.

Trish Johnson Manager Ethics and Professional Issues

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February 2020 www.speechpathologyaustralia.org.au

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