NASW Code of Ethics BREAKDOWN | 1.07 Privacy and Confidentiality | PART 5

Summary

This video script offers a comprehensive breakdown of the social work ethics code 1.07, focusing on privacy and confidentiality. It emphasizes the importance of respecting clients' privacy, obtaining consent for information disclosure, and safeguarding confidential information even in legal proceedings. The script also addresses the handling of group counseling, electronic communications, and the responsibilities of social workers in protecting client information, including in the event of a breach or after the social worker's termination of practice.

Takeaways

• 🔒 Social workers must respect clients' privacy and should not solicit private information unless there are compelling professional reasons.
• 🤝 Once private information is shared, standards of confidentiality apply, and social workers must handle this information with care.
• 🚫 Social workers may disclose confidential information only with valid consent from the client or a legally authorized person.
• 👮‍♂️ Exceptions to confidentiality include situations where disclosure is necessary to prevent serious, foreseeable, and imminent harm to the client or others.
• 📝 Social workers should inform clients about the nature of confidentiality and its limitations at the start of their professional relationship.
• 🗣️ If social workers plan to disclose confidential information, they should inform clients about the disclosure and potential consequences when possible.
• 👪 When providing services to groups or families, social workers should seek agreements on confidentiality among all parties involved.
• 🏥 Social workers should not disclose confidential information to third-party payers, such as insurance companies, without client authorization.
• 📱 Social workers must protect the confidentiality of electronic communications and use safeguards like encryption and passwords.
• 🛡️ In legal proceedings, social workers should protect client confidentiality to the extent permitted by law and advocate for the least amount of information disclosure.
• 🗑️ Social workers should have policies for notifying clients of any breach of confidential information and take precautions to protect client confidentiality in case of practice termination, incapacitation, or death.

Q & A

What is the primary principle regarding privacy and confidentiality in social work as per the transcript?

The primary principle is that social workers should respect clients' right to privacy and not solicit private information from or about clients except for compelling professional reasons. Once private information is shared, standards of confidentiality apply.

Why should social workers avoid soliciting private information beyond compelling professional reasons?

Social workers should avoid soliciting unnecessary private information to protect clients' privacy, maintain trust, and focus on the client's needs and goals without being intrusive or causing discomfort.

What does it mean to say 'confidentiality applies' in the context of social work?

It means that once private information is shared with the social worker, they are ethically and professionally bound to keep that information confidential, except in cases of compelling professional reasons or legal requirements.

Under what circumstances may social workers disclose confidential information?

Social workers may disclose confidential information when there is a valid consent from the client or a legally authorized person, or when necessary to prevent serious, foreseeable, and imminent harm to the client or others.

Why is it important for social workers to obtain legal consent before disclosing information to third parties?

Obtaining legal consent ensures that the disclosure of information is lawful and that the client has given explicit permission for the social worker to share their information with a third party, protecting the client's rights and privacy.

What should social workers do if they plan to disclose confidential information?

If social workers plan to disclose confidential information, they should, when feasible and to the extent possible, inform clients about the disclosure and the potential consequences prior to disclosing the information.

What is the significance of discussing confidentiality and its limitations with clients at the beginning of the social worker-client relationship?

Discussing confidentiality and its limitations helps set clear expectations for the client regarding what information can be kept confidential and under what circumstances information may need to be disclosed, ensuring transparency and trust.

How should social workers handle the confidentiality of information shared in group or family counseling sessions?

Social workers should seek agreement among all parties involved regarding each individual's right to confidentiality and obligation to preserve the confidentiality of information shared by others. They should also inform participants that they cannot guarantee all participants will honor such agreements.

What precautions should social workers take when using electronic communication to protect client confidentiality?

Social workers should use safeguards such as encryption, firewalls, and passwords when using electronic communication methods like email, online posts, chat sessions, mobile communications, and text messages to ensure confidentiality and security.

What should social workers do in the event of a breach of confidential information?

Social workers should develop and disclose policies and procedures for notifying clients of any breach of confidential information in a timely manner, consistent with applicable laws and professional standards.

How should social workers handle the transfer or disposal of client records?

Social workers should transfer or dispose of client records in a manner that protects client confidentiality and complies with applicable laws governing records and social work licensure, ensuring secure and responsible management of client information.

Outlines

00:00

🤝 Importance of Privacy and Confidentiality in Social Work

The paragraph emphasizes the duty of social workers to respect their clients' privacy and confidentiality. It explains that private information should only be solicited for compelling professional reasons and that once shared, confidentiality standards apply. The summary highlights the importance of asking relevant questions during therapy sessions and the potential consequences of sharing information outside of those sessions, even with a celebrity client. It also touches on the need for legal consent when disclosing information to third parties and the exceptions to confidentiality when there's a risk of serious harm to the client or others.

05:03

📜 Legal and Ethical Considerations in Confidentiality

This paragraph discusses the legal and ethical considerations social workers must make regarding confidentiality. It covers the necessity of obtaining valid consent before disclosing information and the obligation to disclose the least amount of confidential information necessary when prevention of serious harm is required. The summary also addresses the responsibility to inform clients about potential disclosures and the consequences, as well as the need to educate clients about the limitations of confidentiality, especially in group settings where other participants are not bound by the same confidentiality standards.

10:05

🛡 Protecting Confidentiality in Various Scenarios

The paragraph explores different scenarios where social workers must protect confidentiality, including during legal proceedings and when dealing with third-party payers such as insurance companies. It stresses the importance of advocating for the least amount of information disclosure and ensuring privacy in electronic and in-person communications. The summary also mentions the need for social workers to inform clients about their agency's policies on information disclosure and to protect electronic communications through encryption and secure practices.

15:07

🗂 Safe Handling and Storage of Client Records

This paragraph focuses on the proper handling and storage of client records to ensure confidentiality. It discusses the need for secure storage locations and the use of safeguards such as encryption and passwords for electronic records. The summary highlights the importance of developing policies for notifying clients in case of a breach and adhering to applicable laws and professional standards when unauthorized access to records occurs.

20:09

🔍 Ethical Use of Electronic Technology in Social Work

The paragraph addresses the ethical use of electronic technology by social workers, including the gathering of information about clients and the use of electronic communication. It stresses the importance of obtaining client consent before searching or gathering information electronically and avoiding the posting of identifying or confidential information on professional websites or social media. The summary also covers the need for policies on data breaches and the responsible transfer or disposal of client records in accordance with legal requirements.

25:11

🏥 Confidentiality in Teaching, Training, and Post-Practice Scenarios

The final paragraph discusses the protection of client confidentiality in teaching and training, as well as in the event of a social worker's termination of practice, incapacitation, or death. It emphasizes the need for consent when disclosing identifying information for educational purposes and having a plan to protect client interests in case of unforeseen circumstances. The summary also mentions the importance of not disclosing identifying information when consulting with colleagues unless there is a compelling need and the responsibility to protect the confidentiality of deceased clients.

Keywords

💡Privacy

Privacy refers to the state or condition of limited access to an individual's personal information, space, or communications. In the video, privacy is emphasized as a fundamental right of clients that social workers must respect. The script mentions that social workers should not solicit private information unless there are compelling professional reasons, illustrating the importance of maintaining client privacy in social work practice.

💡Confidentiality

Confidentiality is the ethical and legal obligation to protect and keep private the information shared by clients. The video script underscores the importance of confidentiality in social work, stating that once private information is shared, it must be protected. It also discusses the exceptions to confidentiality, such as when disclosure is necessary to prevent harm, which is a key aspect of the ethical guidelines for social workers.

💡Consent

Consent in this context means the voluntary agreement by a client to allow the social worker to disclose certain information. The script explains that social workers may disclose confidential information when they have valid consent from the client or a person legally authorized to provide consent on behalf of the client, highlighting the necessity of consent in maintaining trust and ethical practice.

💡Professional Reasons

Professional reasons are compelling justifications related to the practice of social work that may necessitate the sharing of private information. The video script specifies that social workers should only solicit private information for compelling professional reasons, such as when it is essential for the client's treatment or safety, rather than out of curiosity or unrelated interests.

💡Safety Concerns

Safety concerns refer to situations where there is a risk of harm to the client or others. The script mentions that social workers have an obligation to disclose confidential information when necessary to prevent serious, foreseeable, and imminent harm, which is a critical exception to the rule of confidentiality in social work.

💡Legal Requirements

Legal requirements pertain to the mandates and regulations set by law that must be adhered to by social workers. The video discusses situations where social workers may be legally compelled to disclose confidential information, such as when ordered by a court, and the importance of advocating for the least amount of information disclosure in such cases.

💡Electronic Communications

Electronic communications encompass the use of digital means to convey information, such as emails, online posts, and text messages. The script highlights the need for social workers to protect the confidentiality of electronic communications with clients by using safeguards like encryption, firewalls, and passwords, emphasizing the importance of secure communication in social work.

💡Breach of Confidential Information

A breach of confidential information occurs when there is unauthorized access to or disclosure of confidential data. The video script discusses the social worker's responsibility to notify clients in a timely manner if there is a breach, underlining the importance of transparency and accountability in protecting client confidentiality.

💡Record Management

Record management involves the proper handling, storage, and disposal of client records. The script mentions that social workers should transfer or dispose of client records in a manner that protects confidentiality and complies with applicable laws, which is crucial for maintaining the integrity of client information.

💡Teaching and Training

Teaching and training refer to the use of client information for educational purposes. The video script advises that social workers should not disclose identifying information when discussing clients for teaching or training purposes unless the client has given consent, illustrating the importance of respecting client privacy even in educational contexts.

💡Deceased Clients

Deceased clients are individuals who were receiving services and have since passed away. The script notes that the confidentiality of deceased clients must still be protected in accordance with the same standards as for living clients, emphasizing the ongoing duty of confidentiality even after a client's death.

Highlights

Social workers must respect clients' right to privacy and not solicit private information except for compelling professional reasons.

Confidentiality standards apply once private information is shared by clients.

Social workers should only ask questions that pertain to helping the client, avoiding unnecessary personal inquiries.

Confidentiality must be maintained even when sharing information about clients in public forums like social media.

Social workers may disclose confidential information with valid consent from the client or a legally authorized person.

Disclosure of confidential information is allowed to prevent serious, foreseeable, and imminent harm to the client or others.

Social workers should only disclose the minimum amount of confidential information necessary for the intended purpose.

If confidential information is to be disclosed, clients should be informed about the disclosure and potential consequences.

Social workers should explain the nature of confidentiality and its limitations to clients at the beginning of their relationship.

In group settings, social workers should seek agreement on confidentiality among all parties involved.

Social workers cannot guarantee that all participants in group settings will maintain confidentiality.

Policies regarding the disclosure of confidential information among parties in counseling should be shared with clients.

Social workers should not disclose confidential information to third-party payers without client authorization.

Confidential information should not be discussed in public or semi-public areas to ensure privacy.

Social workers must protect client confidentiality during legal proceedings as much as permitted by law.

In the event of a breach of confidential information, social workers should notify clients in a timely manner.

Social workers should develop policies for the use of electronic technology, including internet searches about clients.

Social workers should avoid posting identifying or confidential information about clients on professional websites or social media.

Confidentiality should be maintained when transferring or disposing of client records, following applicable laws and regulations.

Social workers should have precautions in place to protect client confidentiality in the event of their termination of practice, incapacitation, or death.

Deceased clients' confidentiality should be protected in accordance with the same standards as for living clients.

Transcripts

hey try welcome back this is the nesw

code of ethics breakdown part five and

we're going to be breaking down 1.07

privacy and confidentiality so stay

tuned okay so jumping into it social

workers should respect clients right to

privacy

period it just isn't like right there

period uh social workers should not

solicit private information from or

about clients except for compelling

professional reasons once private

information is shared standards of

confidentiality apply okay what does

this mean right so

privacy we want to keep make sure that

our clients have their privacy

absolutely right

social workers should not solicit

private information from or about

clients except for compelling

professional reasons so think about in

that space right you're sharing with the

client when you're meeting with a client

right especially if you're providing

Therapy Services they're in a vulnerable

space and they're sharing very sensitive

information right

because of this

we want to work with what they're giving

us and the questions we're asking we

want to make sure that the questions

we're asking are pertaining to helping

the client let's say you're meeting with

a celebrity client it doesn't have to be

a celebrity client but let's just say

you're meeting with a celebrity client

right and they're a music artist and

they're saying something along the lines

of you know I'm feeling a lot of

pressure of having to release an album

in time I'm getting a lot of pressure

from the label because of all the stuff

going on and we start to say

oh um what features are going to be on

there

oh what type of vibe you're going for

with the album notice how those

questions don't really have anything to

do with what the client's talking about

or necessarily helping them

um achieve their goals necessarily right

and this is saying

once information is shared even that

information

confidentiality applies because small

world how about if we were to get on our

social media site or tell someone oh I

can't wait for so-and-so's album or you

know I think it's good that this is

happening or more features of this

person and it's like

confidentiality pretty much in a

nutshell for this one

don't be nosy don't and again not even

necessarily with a celebrity client uh

the client doesn't have to be a

celebrity but just getting more and more

information that has doesn't have

anything to necessarily do with what

they're talking about or what's going to

help them achieve their ultimate goals

for uh seeking out therapy and when they

say for compelling professional reasons

right there could be a situation where

again it's not a safety concern it could

be absolutely safely Above All right but

it could be a situation where for

compelling professional reasons

compelling meaning there is no

misunderstanding right because there's

so many different scenarios that could

occur if a scenario would occur where

it's like hey I feel comfortable

appearing in front of a board or whoever

um and saying the reason why this

occurred I got this additional

information and everything was for

insert compelling professional reason

here and they're like yeah that makes

sense that's a that really is a

compelling professional reason then

we're good but if it's nothing like that

we just want be mindful of that b social

workers May disclose confidential

information when appropriate with valid

consent from a client or a person

legally authorized to consent on behalf

of a client so again confidentiality

applies we need you know the right legal

consent to be able to speak to that

individual or that entity on the

client's behalf so we can't just talk to

them just because even if the client

says it's okay like oh yeah that's my

mom that's my spouse that says whoever

we still want to you know proceed get

that you know legal consent that

document have them sign off saying that

it gives us the social worker

professional

um the ability to be able to contact

that person that entity on their behalf

see social workers should protect the

confidentiality of all information

obtained in the course of Professional

Service except for compelling

professional reasons uh the general

exception uh that social workers will

keep information confidential does not

apply when disclosure is necessary to

prevent serious foreseeable and imminent

harm to a client or others in all

instances social workers should disclose

the least amount of confidential

information necessary to achieve the

desired purpose only information that is

directly relevant to the purpose of

which the disclosure is made should be

revealed so essentially safety above all

both safety for the client safety and to

the broader Society like if a client say

I'm going to hurt my boss or something

like that and is foreseeable imminent

threat dangers again to themselves and

others different right and it's also

saying even if it is a situation like

that or we're obligated to turn over

documents because it's coming from a

court or a judge we want to see well if

it's coming from a court judge we're

going to Advocate to see if you know we

can only give the judge what they

actually need we're not just going to

turn over everything and if they're just

says we need everything then we gotta

give over everything but we want to

advocate for as least amount of

information to be turned over as

possible and even when it is a safety

concern we're going to tell them the

entire back story like of uh speaking of

a law enforcement or whatever case may

be oh here's the entire backstory of

this person right the client we just

want to give them an information that

they need so that uh they can address

the safety concern appropriately we're

not going to again tell them like their

whole history type of thing d

if social workers plan to disclose

confidential information they should

when feasible and to the extent possible

inform clients about the disclosure and

the potential consequences prior to

disclosing the information this applies

whether social workers disclose

confidential information on the basis of

a legal requirement or client consent so

again

to the legal estate possible Right

if a judge says like hey I don't want

you informing the client or anything

like that so the judge court ordered

they're contacting us the social worker

and they're saying Hey I want this

client's records and of course we want

to Advocate to say like do you really

need the records and you're like no we

really need the records um I want all

their records and you know don't inform

the client then legally we can't right

but if we are able to inform the client

like hey

um we've been contacted by the judge to

provide your records and they want all

of your records because when we try to

Advocate they say no we want all the

records type of thing then we would want

to be able to speak with the client and

also uh this applies whether social

workers disclose confidential

information on the basis of a legal

requirement or client consent even with

client consent

um we want to inform them that

um when feasible it's an extent possible

inform clients about the disclosure and

the potential consequences of disclosing

information so saying like hey

once this information is out there like

if a client gives us consent once this

information is out there you know it's

out there type of thing and depending on

who's it going to right think about yo

that's fine like if it's going to a

caseworker or something that you know we

need to be in contact with the way oh

that's fine

um but even if it's coming from a judge

and you know they're demanding it and we

are able to contact the client in this

case in this scenario we want to let

them know like

more eyes are going to be on your files

essentially because it's going to the

court and more eyes are going to be on

your file type of thing e social workers

should disclose with clients and other

interested parties the nature of

confidentiality and limitations of

clients right to confidentiality social

workers should review with clients

circumstances where confidentiality

information may be requested and where

disclosure of confidential information

may be legally required this discussion

should occur as soon as possible and the

social worker client relationship and as

needed throughout the course of the

relationship so

honestly before services are even you

know occurring right this is

confidentiality the limits of

confidentiality meaning you know if you

know confidentiality uh won't

necessarily apply when it's for safety

concerns eminent danger to your you know

self somebody else legal requirements

like as being court ordered coming from

a judge for um the legal documentation

and everything right so those are some

of the limits of confidentiality again

safety above all and those legal

requirements if uh we're getting you

know contacted by a judge for the

documents of a client that we're seeing

so those are the limits we want to be

able to make sure that they're aware of

and then again

um as as needed honestly throughout the

course of uh providing services to them

in case something comes up where it

really is appearing of like okay here's

the limitations to it this is what we

can do Etc F when social workers provide

counseling services to families couples

or groups social workers should seek

agreement among the parties involved

concerning each individual's right to

confidentiality and obligation to

preserve the confidentiality of

information shared by others this

agreement should include consideration

of whether confidential information may

be exchanged and person or

electronically among clients or with

others outside of formal counseling

sessions social workers should inform

participants and family couples or group

counseling that social workers cannot

guarantee that all participants will

honor such agreements so during

situations where like they were saying

there's multiple people hearing

your information

as the social work professional

we're obligated to

maintain confidentiality right we're not

going to be going out you know telling

your business online or in person or

anything like that right but the other

people in the room whether it's a spouse

a group member whoever

they're not uh obligated to the same

confidentiality that we are now we

definitely want to kind of say like hey

everyone you know we're here for you

know this reason is this benefit we want

to make sure this is a safe space

um we want to exercise confidentiality

and not you know put our business online

and stuff like that or in person again

it could be a small world and if you

guys do decide to you know talk about

some of the things that have been talked

about in this space right here we just

want to be able to you know make sure

it's clear amongst all parties and

everything like that but just letting

them know because that other people are

involved hearing these sensitive

information we although we promote it

right we can't guarantee that this

person and that person will maintain

confidentiality we definitely promote it

but we can't guarantee because they're

not obligated to the same

um standards and requirements and

everything that we are as the social

work professional G social workers

should inform clients involved in family

couples marital or group counseling of

the social workers employers and

agencies policy concerning the social

workers disclosure of confidential

information among the parties involved

in the counseling so if you're in an

agency uh you know let's say you're at

an outpatient facility you're working

with a psychiatrist a nurse other

therapist right you know there's there's

going to be more people involved in that

client's care is what I'm saying and uh

just kind of letting them know like hey

multiple people are going to be involved

in your care because let's say you know

you're at an agency an organization and

just making sure that they're aware of

all these things h social workers should

not disclose confidential information to

third-party payers unless the clients

have authorized such disclosure so

typically when they refer to third-party

payers they're talking about insurance

companies right so let's say you know a

client comes in they're seeking Services

right and again before any services or

anything like that begin we give them

the paperwork to sign like we go over

everything get the paperwork to sign

like the HIPAA and all that other stuff

right and if they plan on using their

insurance you know we also inform them

that you know essentially other eyes are

going to be on your information

and they have the right to say no no I

don't want to use my insurance because I

don't want other you know eyeballs on my

uh on my sensitive information and

everything like that well then their

insurance company whatever insurance

provider they have

they won't pay for it and

this can get really expensive so more

times than not the client will say yes I

sign off for my insurance uh the

insurance company to be able to look at

my information and get updates and

things of that nature because since the

insurance company is paying for it you

know they're paying for it and they're

saying like that's one of the

requirements for us to pay for it is to

be able to

um do the the check-in and be able to

see so for example at an outpatient

facility I used to work at let's say a

clients coming in for whatever reasons

they're coming in for right and they're

authorized a certain amount of days once

those days are up we need to seek

authorization for the client four more

days if more days are needed and that

involves speaking with their insurance

company and pretty much giving them an

update of how things been going it's

like oh yeah we need x amount more days

you know this is a progress they made

thus far right because

the insurance company is not going to

keep paying because they want updates

and everything like that right so if

again the client said no no I don't want

anyone involved

the insurance company is just not going

to pay for it but more times than not

clients typically do uh say like yeah

the insurance company can be involved I

social workers should not discuss

confidential information electronically

or in person in any setting unless

privacy can be insured social workers

should not discuss confidential

information in public or semi-public

areas such as hallways waiting rooms

elevators and restaurants so essentially

do it within a professional setting

within a professional space like the

office or if you're providing Services

via Telehealth or online make sure like

there's no people around and it's it's a

a safe space right we're not providing

services to talk doing therapy and

talking about sensitive information in

hallways restaurants and things of that

nature Jay social workers should protect

the confidentiality of clients during

legal proceedings to the extent

permitted by the law so again clients

best interest at heart we want to always

keep that in mind to the extent

permitted by the law so even going back

to

um when the judge if if a judge is

requesting a client's record we want to

advocate for them essentially not to

turn over the records and if we have to

turn over the records can we Advocate um

we will advocate for the least amount of

information to be turned over as

possible and if the just says cool then

great but if they say nope I want

everything then we would have to hand

over everything

um when a court of law or other legally

authorized body or the social workers to

disclose confidential or privileged

information without without a client's

consent and such disclosure could cause

harm to the client social workers should

request that the court withdraw the

order or limit the order as narrowly as

possible so the least amount possible or

maintain the records under seal

unavailable for public inspection so

again this is really speaking to

advocating where if it's going to go

down type of thing we will want to

advocate for the client of like like can

we not and then this and it just says

yeah we want to can we nearly as

possible and they say no well can you

still like be under seal and stuff like

that and the judge could say okay to uh

one of those things right

um but if they say nope I want it all

we're not doing any of that then we

would have to

um we're legally required to turn over

that information quick side note if a

subpoena is coming from a lawyer or

another entity that's not a court or

judge and when this court ordered judges

give the the court order

um then we can uh enact privilege where

we don't have to turn over that

information and we want to discuss it

with the client because sometimes I may

say like oh yeah that's that's fine you

can give them my records for that or

whatever the case may be but again if

it's coming from a judge court order you

know we're legally required we'll want

to Advocate

um on the client's behalf to the judge

to say like hey do we have to turn over

this information at all and if they say

yeah narrow it it as much as possible

and saying could it be remain under seal

and everything

um and if they agree with it cool and if

the judge doesn't agree with it then we

would have to again uh turn it over okay

social workers should protect the

confidentiality of clients when

responding to requests from members of

the media so again

in all aspects it doesn't matter if it's

media like what anywhere any and

everywhere

clients best interest at heart we want

to protect them as much as possible

including who they are if we're working

with celebrity clients right people

that's more like visible more out there

we don't want to drop hints or talk to

Media or any of that

um confidentiality clients best

interests at heart above all L social

workers should protect the

confidentiality of clients written

electronic records and other sensitive

information social workers should take

reasonable steps to ensure that clients

records are stored in a secure location

and the clients records are not

available to others who are not

authorized to have access so

whatever form right a documents right uh

whether they're written or um documented

electronically uh have like firewalls

and everything there's a bunch of

systems um like you guys see right here

I have a simple practice up here that's

electronic uh Healthcare record system

that I use

um it's safe encrypted all of that we

just want to make sure that

people who don't have access to it don't

have access to it type of thing m

social workers should take reasonable

steps to protect the confidentiality of

electronic communications including

information provided to clients or third

parties social workers should use

applicable safeguards such as

encryptions firewalls and passwords when

using electronic communication such as

email online posts online chat sessions

mobile Communications and text messages

so again

do your absolute best to make sure that

it's confidential it's safe people that

shouldn't have access to it don't have

access to it and we want to make it

um hard as hard as possible as far as

like in encryptions firewalls passwords

all that great stuff in social workers

should develop and disclose policies and

procedures for notifying clients of any

breach of confidential information in a

timely manner so let's say if you know

things happen right

um their information is breached or

potentially breached because let's say

you know some some entity hacked into

the system we will want to let the

clients know an appropriate time frame

of like hey this issue occurred your

information was either viewed or

possibly viewed but just want to kind of

let you know because again it isn't it's

their information we don't want to keep

them we want to keep them in the loop we

don't want to just hide this from them

or anything like that oh in the event of

unauthorized access to client records or

information including any unauthorized

access to the social workers electronic

communication or storage systems social

workers should inform clients of such

disclosures consistent with applicable

laws and Professional Standards so again

uh wherever you're located I'm in New

Jersey whether you're in New York

Arizona Atlanta wherever you're at you

know we always want to adhere to the

laws the regulations the the standards

everything within that uh area that

we're in p social workers should develop

and inform clients about their policies

consistent with prevailing Social Work

ethical standards on the use of

electronic technology including

internet-based search engines to gather

information about clients so again just

kind of keeping the clients updated

about you know what they're getting into

as far as the services we provide

our policies everything and this usually

again happens at the start of um

Services even before they're actually

starting we're just going to give them

an update of like everything all the

confidentiality all the the limits to it

the policies the limitation like

everything cue social workers should

avoid searching or gathering client

information electronically unless there

are compelling professional reasons and

when appropriate with the client's

informed consent so hey should we be

doing Google searches of the clients no

again we talk about like their privacy

and everything we're already meeting

with them and they're sharing very

vulnerable sensitive information we're

not doing like background checks on them

or anything like that like oh they have

a YouTube channel let me just look it up

oh cool just to check it out type of

thing

we want them to maintain their

confidentiality and their privacy right

um we don't want to break that and do

kind of like our own like searches of

them again if it's a compelling

compelling meeting Yep this is pretty uh

clear uh most people would agree type of

thing unless they're a compelling

professional reason different but if

it's just out of our own curiosity our

interests or something like that then uh

we want to avoid that r

social workers should avoid posting any

identifying or confidential information

about clients on professional websites

or other forms of social media again

like let's not put our clients business

out there because even though we're not

necessarily using their name

they know their story and let's say if

we put essentially in a client's entire

history or a situation up and it's again

it's in detail and everything like that

yeah we might have not used their name

but if a client again small world right

a client happened to come buy it somehow

and you know it's posted on a certain

form or whatever and the client sees

that you know they're going to feel some

type of way about that and we don't want

to clients best interest at heart we

don't want to do that to a client

um or anyone for that matter so

avoid that s social workers should

transfer or dispose of clients records

in a manner that protects clients

confidentiality and is consistent with

applicable laws governing records and

social work licensure so when we're

disposing or transferring records legal

legal requirements right what state are

you located in do they have specific

laws on how to transfer records or

dispose of records and this also goes

along with you know how long should you

keep a client's records for refer to

State guidelines refer to your

jurisdiction because it's going to be

different if you're in La New Jersey uh

Illinois right it's always going to be

different but we want to make sure that

we're doing it in an appropriate manner

not just

um let's say if it was uh written

records not just throwing them in a

recycling bin type of thing T social

workers should take reasonable

precautions to protect client

confidentiality in the events of the

social workers termination of practice

uh in capitation or death so

uh

if unfortunate things happen we want to

have a a plan for the clients that we're

we're seeing right

um again we don't want this stuff to

happen but you know what is the plan

um if this were to happen if we're part

of an agency you know they usually have

policies and plans and everything like

that and if we're a private practice

we're by ourselves we want to have a

plan where you know the client

um somehow was updated about you know

what's going on and you know what's

going to proceed from there and

everything like that so this is just

saying you know prepare for the worst

type of thing so the clients can you

know still have uh be updated and have

benefit

um in some way shape or form you uh

social workers should not disclose

identifying information when discussing

clients for teaching or training

purposes unless the client has consented

to disclose to disclosure of

confidential information again if we get

consent oh we need consent from the

client and if we get it cool if we don't

be very mindful yes we can say oh it's

for teaching purposes and everything

like that but

rule of thumb when in doubt generalize

it out we don't have to use super

specific identifying details right like

we could say like a client was

depression we don't have to say a client

with depression with X Y and Z going on

where it's like okay now it's like very

identifying because we're telling like

their story and again you never know

small world type of thing so when in

doubt generalize it out the social

workers should not disclose identifying

information when discussing clients with

uh Consultants unless the client has

consensus disclosure of confidential

information or there's a compelling need

for such disclosure again compelling is

like very clear very right and when it

says social work should not just uh

disclose identifying information

identifying meaning using their name

that's identifying and again being

mindful of using the super specific

details of a of a client in their

experience what they went through like

when in doubt generalize it out we can

get what we need out of the consultation

without giving the super identifying

details of essentially telling all the

details of their story and whatnot and W

social workers should protect the

confidentiality of deceased clients

consistent with the preceding standards

so again wherever those preceding

standards are

just because a client unfortunately you

know passed we're not going to say like

okay their records yeah oh anyone can

have them and stuff like that we want to

definitely consult with like state laws

and everything like that if we're part

of an agency absolutely like their

policies and everything or how they

handle it and also we want to be mindful

of saying like Okay just because this is

a family member like oh can I get my

clients right like no like we want to

see what releases are on filed and how

to proceed accordingly and everything

not just say okay here's all the

information okay try that was it for

today's video that was 1.07 privacy and

confidentiality I hope you guys enjoyed

and as always don't forget to like

comment subscribe share with a social

work friend because again we don't want

to be licensed by ourselves and you got

this okay try I'll see you next video