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Private and Confidential?

Author: Chris L. Clark

Publisher: Policy Press

Published: 2008-07-02

Total Pages: 260

ISBN-13: 9781861349057

Handling personal and often sensitive information is central to daily practice in social and health services. However, the increasing emphasis on multi-disciplinary and inter-agency working required for effective, joined-up services presents new challenges and dilemmas in preserving citizens' rights to privacy. This book examines key philosophical, ethical and legal issues in the area of privacy and confidentiality and explores their implications for policy and practice. ,Offering a range of analytical frameworks the book focuses on different practice areas, including health and social care, children's services and criminal justice. The contributors from disciplines including law, philosophy, anthropology and the personal service professions bring their direct personal experience of working to create new systems and practices in a turbulent policy environment. The book provides a synoptic multi-disciplinary view of this increasingly challenging area where technological development, civil liberties, surveillance, health and welfare become inexorably intertwined. The book will be of key interest to professionals, managers, policy makers and academics in the health and personal social services. Students of social work, probation, medicine, nursing and professions allied to medicine will find a common multidisciplinary framework for their respective professional concerns to protect the interests and promote the wellbeing of clients, their families and the wider community.

The Cambridge Textbook of Bioethics

Author: Peter A. Singer

Publisher: Cambridge University Press

Published: 2008-01-31

Total Pages: 477

ISBN-13: 1139468219

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Medicine and health care generate many bioethical problems and dilemmas that are of great academic, professional and public interest. This comprehensive resource is designed as a succinct yet authoritative text and reference for clinicians, bioethicists, and advanced students seeking a better understanding of ethics problems in the clinical setting. Each chapter illustrates an ethical problem that might be encountered in everyday practice; defines the concepts at issue; examines their implications from the perspectives of ethics, law and policy; and then provides a practical resolution. There are 10 key sections presenting the most vital topics and clinically relevant areas of modern bioethics. International, interdisciplinary authorship and cross-cultural orientation ensure suitability for a worldwide audience. This book will assist all clinicians in making well-reasoned and defensible decisions by developing their awareness of ethical considerations and teaching the analytical skills to deal with them effectively.

Confidentiality

Author: Charles D. Levin

Publisher: Routledge

Published: 2014-04-04

Total Pages: 315

ISBN-13: 1317771044

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The distinguished contributors to Confidentiality probe the ethical, legal, and clinical implications of a deceptively simple proposition: Psychoanalytic treatment requires a confidential relationship between analyst and analysand. But how, they ask, should we understand confidentiality in a psychoanalytically meaningful way? Is confidentiality a therapeutic requisite of psychoanalysis, an ethical precept independent of psychoanalytic principles, or simply a legal accommodation with the powers that be? In wrestling with these questions, the contributors to Confidentiality are responding to a professional, ethical, and political crisis in the field of mental health. Psychotherapy - especially long-term psychotherapy in its psychoanalytic variants - has been undermined by an erosion of personal privacy that has become part of our cultural zeitgeist. The heightened demand for public transparency has forced caregivers from all walks of professional life to submit to increasing bureaucratic regulation. For the contributors to this collection, the need for confidentiality is centrally involved in the relationship of the psychotherapeutic professions both to society and to the law. No less importantly, the requirement of confidentiality brings a clarifying perspective to debates within the psychotherapeutic literature about the relationship of theory to practice. It thereby provides a framework for shaping a set of ethical principles specifically adapted to the psychotherapeutic, and especially to the psychoanalytic, relationship. Linking general issues of privacy to the intimate details of psychotherapeutic encounter, Confidentiality will serve as a basic guide to a wide range of professionals, including lawyers, social scientists, philosophers, and, of course, psychotherapists. Therapy patients, policy makers, and the wider public will also find it instructive to know more about the special protected conditions under which one can better come to "know thyself."

The Danger-to-self-or-others Exception to Confidentiality

Author: C. Emmanuel Ahia

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780761856474

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This book will help practicing mental health professionals understand the sometimes intricate responsibility of breaching clinical confidentiality when clients become dangerous to themselves or others. It examines the basis for clinical confidentiality, presents methods for the evaluation of client dangerousness, and proposes legally and ethically permissible methods to breach confidentiality. The Danger-to-Self-or-Others Exception to Confidentiality contains case-law updates which should help practitioners with situations that require the breach of confidentiality. This text strives to clear up some of the confusing issues surrounding suicide evaluation, death with dignity, inherently dangerous populations, and the role of client commitment in the breach-of-confidentiality process. Ahia also discusses two important concepts - informed consent and privileged communication - as they relate to the rights of clients.

M&A and Private Equity Confidentiality Agreements Line by Line

Author: Igor Kirman

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9780314986740

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Written by an experienced M&A practitioner, M&A and Private Equity Confidentiality Agreements Line by Line brings to market the definitive and most comprehensive coverage to date of the confidentiality agreement process in the M&A and private equity settings, making it a critical resource for practitioners in the legal, business, and financial professions. Offering in-depth explanations of each clause as well as practical advice on negotiations, this book covers every key topic in a confidentiality agreement, including limitations on sharing of information, standstill provisions, and non-solicit clauses among many others. This book also provides readers with sample language for each clause and a discussion of each sides likely reaction and counter-reaction, drawn from real-world negotiations.

Registries for Evaluating Patient Outcomes

Author: Agency for Healthcare Research and Quality/AHRQ

Publisher: Government Printing Office

Published: 2014-04-01

Total Pages: 396

ISBN-13: 1587634333

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This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.

Confidentiality and Privacy in Social Work

Author: Donald T. Dickson

Publisher: Simon and Schuster

Published: 1998-01-05

Total Pages: 328

ISBN-13: 0684826577

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The advent of computerized data systems, the growth of managed care, the AIDS epidemic, mandatory reporting requirements for child abuse, workplace drug testing, and various laws requiring that social workers maintain confidential communications in some situations yet disclose them in others have made confidentiality a vital, changing area of the law. Practitioners, administrators, and those studying for these professions need to know how to use these laws to protect their clients, themselves, and their agencies. Mental health practitioners need authoritative guidance in these areas when working with clients -- children as well as adults -- in both individual and group settings. Administrators must be aware of the laws that protect worker and client privacy, and those that permit legitimate access to information.

Contesting Medical Confidentiality

Author: Andreas-Holger Maehle

Publisher: University of Chicago Press

Published: 2016-10-18

Total Pages: 172

ISBN-13: 022640482X

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This book, for the first time, offers a comparative study of the origins of professional and public debates on medical confidentiality in the US, Britain, and Germany during the late nineteenth and early twentieth centuries. In this period traditional medical secrecy began to be seriously contested by demands for disclosure in the name of public health and the law. Andreas-Holger Maehle examines three representative debates: Do physicians and surgeons have a privilege to refuse to give evidence in court about confidential patient details? Can doctors breach patient confidence in order to prevent the spread of disease? And is there a medical duty to report illegal procedures to the authorities? The comparative approach reveals significant differences and similarities among the three countries concerned, and the book s historical perspective illuminates the fundamental ethical issues at stake that continue to give rise to public debate."

Confidentiality in International Commercial Arbitration

Author: Ileana M. Smeureanu

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 242

ISBN-13: 9041132260

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After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.