This is currently an area of some vexation for me. The right to secrecy where a person hangs out a sign that says "confide in me".
This was and is present in the situation of a Church confessional and the the rooms of most Doctor surgeries and psychological service providers. [similar but worse]
I will use an extreme example as part of a some what dialectic approach to try and unravel the ethical intricacies involved.
"A person [councilor] advertises a service that maintains secrecy of any thing discussed or confessed to. He does so purely for the purpose of providing ["outreach"] advice and guidance and healing to wards what would be considered as a better path.
A client presents himself to the service and confesses to horrendous crimes, crimes that would make most persons ill to think about.
Including ongoing activities involving victims immediate conditions and welfare.
That is to say he is currently committing ongoing crimes against other persons
The client has come to the councilor to seek help to change so that he may eventually cease his criminal activity.
The councilor has now got information that may do a number of things.
1] Provide the service he offers regarding guidance, advice and healing.
2] Provide police with a way to stop the ongoing nature of the crimes.
3] Provide police with the identity of the perpetrator.
4] ....and no doubt other alternatives.
The contract between the councilor and the client is one that is not binding by most laws yet the councilor has offered services on proviso that information is retained as secret [in all contexts]
Accordingly the councilor cannot use any of that information for outside the office use. He cannot secretly undermine his clients confidence.
The information is considered "privileged" and therefore entirely confidential.
The councilor has received appropriate remuneration for his services.
What obligations does the councilor face.
Given the nature of the contract between the councilor and the client is there any way the contract can be ethically breeched?
This was and is present in the situation of a Church confessional and the the rooms of most Doctor surgeries and psychological service providers. [similar but worse]
I will use an extreme example as part of a some what dialectic approach to try and unravel the ethical intricacies involved.
"A person [councilor] advertises a service that maintains secrecy of any thing discussed or confessed to. He does so purely for the purpose of providing ["outreach"] advice and guidance and healing to wards what would be considered as a better path.
A client presents himself to the service and confesses to horrendous crimes, crimes that would make most persons ill to think about.
Including ongoing activities involving victims immediate conditions and welfare.
That is to say he is currently committing ongoing crimes against other persons
The client has come to the councilor to seek help to change so that he may eventually cease his criminal activity.
The councilor has now got information that may do a number of things.
1] Provide the service he offers regarding guidance, advice and healing.
2] Provide police with a way to stop the ongoing nature of the crimes.
3] Provide police with the identity of the perpetrator.
4] ....and no doubt other alternatives.
The contract between the councilor and the client is one that is not binding by most laws yet the councilor has offered services on proviso that information is retained as secret [in all contexts]
Accordingly the councilor cannot use any of that information for outside the office use. He cannot secretly undermine his clients confidence.
The information is considered "privileged" and therefore entirely confidential.
The councilor has received appropriate remuneration for his services.
What obligations does the councilor face.
- to the client
- to society
- to the victims, past present and future
- to himself.
Given the nature of the contract between the councilor and the client is there any way the contract can be ethically breeched?
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