Is breaking confidentiality unethical?
Asked by: Hershel Mraz | Last update: September 24, 2025Score: 5/5 (14 votes)
While law considers confidentiality as absolute except for legal situations, despite efforts to maintaining confidentiality, sometimes breaching confidentiality is unavoidable but not necessarily unethical.
Why is breaking confidentiality unethical?
Breaches of confidentiality, then, have the potential for doubly negative consequences—both harm to the patient (by making formerly private information public) and damage to her trust in the relationship (which is crucial for diagnosis and treatment of illness).
Is it okay to break confidentiality?
When to Break Confidentiality. There are a few situations that may require a therapist to break confidentiality: If the client may be an immediate danger to themself or another. If the client is endangering another who cannot protect themself, as in the case of a child, a person with a disability, or elder abuse.
Is it a crime to break confidentiality?
Criminal Charges
In some cases, breaches of confidentiality may even carry the possibility of criminal action. Criminal charges arise only in extreme cases that resulted in significant financial, emotional, or physical loss to the victim.
Is confidentiality an ethical issue?
Respect for privacy is implicitly addressed in Principle of Ethics I because to hold paramount the welfare of persons served is to honor and respect their privacy and the confidential nature of the information with which they entrust members of the professions.
Medical Ethics 3 - Confidentiality & Privacy
What are the consequences of breaching confidentiality?
A breach of confidentiality could also result in legal action. In turn, heavy compensation pay-outs for an organisation could follow. Companies could also suffer reputational damage as a result of breaching confidentiality. This can affect both attracting new business and retaining existing clients.
What are the four ethical principles of confidentiality?
The 4 main ethical principles, that is beneficence, nonmaleficence, autonomy, and justice, are defined and explained. Informed consent, truth-telling, and confidentiality spring from the principle of autonomy, and each of them is discussed.
Can therapists talk about their clients anonymously?
Can Therapists Talk About Their Clients Anonymously? Yes, therapists can discuss their clients anonymously in certain contexts such as during clinical supervision, consultation with other professionals, or in educational settings.
What is considered a violation of confidentiality?
Leaving confidential information unattended in a non-secure area. Disclosing confidential information without proper authorization. Discussing confidential information in the presence of individuals who do not have the "need to know' to perform assigned duties. Improper disposal of confidential information.
What is it called when you disclose someone's personal information without consent?
Invasion of Privacy: Public Disclosure of Private Facts.
When can you not break confidentiality?
You should consider any views given by the child or young person on why you should not disclose the information. But you should disclose information if this is necessary to protect the child or young person, or someone else, from risk of death or serious harm.
Is confidentiality legally binding?
Non-disclosure agreements (NDAs) are legally binding agreements to keep information confidential. They go by other names in certain contexts, including confidentiality agreements (CAs), confidential disclosure agreements (CDAs), and proprietary information agreements (PIAs).
What is the breach of confidentiality rule?
It is a criminal offence to disclose protected information without authorisation. A breach of protected information is punishable by a maximum of 2 years imprisonment.
Why is it unethical to withhold information?
It does not benefit patients and can actually harm them and erode trust when they find out that they have been deceived. In essence, withholding information from patients violates the principles of autonomy, beneficence and nonmaleficence.
What is the code of ethics for confidentiality?
The ethical duty of confidentiality refers to the obligation of an individual or organization to safeguard entrusted information. The ethical duty of confidentiality includes obligations to protect information from unauthorized access, use, disclosure, modification, loss or theft.
How to prove breach of confidentiality?
The moment you suspect a breach of confidentiality, swift action is essential. Begin by thoroughly reviewing the details of the alleged violation. Check the confidentiality agreement to verify the scope, limitations and obligations. Also, compile any evidence that suggests a violation has occurred.
Can you sue for breaking confidentiality?
If your doctor violates the duty of doctor-patient confidentiality, you can bring a lawsuit against him or her with the help of a breach of confidentiality lawyer. A confidentiality breach is a form of medical malpractice that's punishable by law.
What is the ethical rule of confidentiality?
The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.
Can a regular person violate HIPAA?
If, for example, a non-medical member of a covered entity's workforce (such as a member of the IT team) disclosed PHI without authorization, they would be in violation of HIPAA – although it would be their employer who would have to notify the affected individual and report the disclosure to HHS' Office for Civil ...
What is the 2 year rule for therapists?
The APA Code, Standard 10.08(a), states: "Psychologists do not engage in sexual intimacies with former clients/patients for at least two years after cessation or termination of therapy.” This is the first part of the 2-year rule.
At what point can a therapist break confidentiality?
When there is an indication of abuse of a child, dependent adult or elderly adult. If you become gravely disabled. If information is required by a court subpoena or court order.
Is it illegal for a therapist to tell your secrets?
There are some situations where a therapist legally must disclose information to the police under California law. Counselors are required to tell the police or the potential victim what a patient has told them if they believe their client may hurt someone else in the future.
What ethics is broken when confidentiality is not followed?
Breaching confidentiality primarily violates the principle of respect for patient autonomy. This principle is crucial as it encompasses a patient's right to control their own life decisions, including the dissemination of personal health information.
When can confidentiality be breached?
Such disclosures are permitted if the employee reasonably believes that there is criminal activity, a failure to comply with a legal obligation, a miscarriage of justice, or a risk of health or safety to an individual. Injustice may be considered a suitable cause for breach.
What is non-maleficence?
Non-maleficence is a core principle of medical ethics stating that a physician has a duty to 'do no harm' to a patient. It directs a medical professional to consider the benefits of all procedures and weigh them against the potential risks and burdens on the patient.