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Essay / The Purpose and Importance of Discretion between an Organization and Clients is the practice in which an institution or individual providing a Benefit Service keeps the information, details and, in some cases, the identity of its customers, privately and free from disclosure to a third party, unless the customer consents to it or a legal obligation such as a search warrant or subpoena requires its disclosure.Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essayPrivacy is based on four basic principles:Respect for an individual's right to privacy.Respect for human relations in which personal information is shared. Appreciation of the importance of privacy to individuals and society. Expectations that those who commit to protecting confidential information will do so. (Understanding Privacy. - The Manitoba Teachers' Society, nd) Confidentiality is an extension of privacy that ensures that identifiable data such as name, address, contact number, email address , the customer's driver's license number and family information, e.g. parent's last name before marriage, spouse's name, relationship status, etc., as well as disclosure of any information disclosed to the professional on a confidential basis must be protected. the need for confidentiality may arise as a contractual obligation through a service agreement, employment contract or client agreement, as an ethical obligation informed by a code of ethics or code of conduct or as a statutory obligation governed by professional regulations or a specific legislative regime. (Townsville Community Legal Service (TCLS), nd)Forms of Client ConfidentialityAttorney-Client ConfidentialityConfidentiality is the fundamental principle of legal ethics. (Susan P. Koniak, 1992) Attorney-client privilege is one of those confidentiality doctrines which states that any information a client discloses to the lawyer must be kept secret and that neither the lawyer nor the client should not testify on such a matter. In certain very unusual circumstances, the lawyer has the right to disclose any private information, if he or she believes it is vital to prevent loss of life or property of another. It is essential to allow open and frank communications between both parties. Because of the secrecy promised by this doctrine, among other things, the client is more likely to be honest and reveal crucial information to the lawyer since he or she does not fear that this data could be used against his or her interest. Confidentiality is often seen as a necessary corollary of the adversary ideal (Fische, 1998). It helps the lawyer to give sound and carefully reasoned legal advice. Indeed, armed with all their knowledge, legal advisors are better equipped to “discharge all of their professional responsibilities, uphold their duties of good faith and loyalty towards the client and contribute to effective administration of justice.” (King, 2002) However, it also decreases the chances of negative information being disclosed. Additionally, the “zero-sum” nature of litigation suggests that the infringer party is entitled to the same privacy protections as the victim. both parties aresignificantly and unfavorably offset. But confidentiality laws also obscure the attorney's involvement in a client's illegal scheme, thereby prohibiting transparent and fair legal action. The Logan affair is the perfect example. In 1982, Alton Logan was convicted of murdering a McDonald's security guard. custody - a crime he did not commit At the time of the trial, Dale Coventry and Jamie Kunz knew of the innocence of Logan Andrew Wilson, another man who was under investigation. confessed that he had killed the guard. Yet Coventry and Kunz did not provide this information because they were Wilson's attorneys (representing him on unrelated charges involving the murder of two Chicago police officers). Coventry and Kunz therefore kept their client's secret for twenty-six years, while Logan served his life sentence. After Wilson's death in 2008 – and with his prior approval – lawyers finally submitted an affidavit detailing the confession. They had prepared (and notarized) the document more than two decades earlier, so that when they were finally allowed to speak about Wilson's death, their claims would be considered credible. With their help, Logan was finally released from prison. (Possley, 2008) Doctor-Patient Confidentiality Patient confidentiality is the confidentiality afforded to patients which ensures that no personal information, data or records shared with the health care provider should be shared with anyone unless the patient does not agrees to this, although this is unlikely. that medical records remain confidential forever. The physician's obligation to keep patient information confidential dates back at least to the earliest codes of medical ethics - for example the Hippocratic Oath, which requires the physician to promise that "What I may see or hear during the treatment or even apart from the treatment reserved for the lives of men, which must under no circumstances be spread, I will keep such shameful things to myself to tell. (Berg, 2011) Confidentiality can be deliberately violated only under certain conditions, that is, parents must have access to their children's medical information. The patient can sign a waiver themselves allowing friends and family to know their current health status. If a patient is deemed mentally or physically incompetent, their medical information is no longer confidential and accessible to their caregiver. In some states in the United States, evidence of child or elder abuse as well as gunshot wounds is also a prerequisite for notifying authorities. (Jessica De Bord, nd)Patient confidentiality is essential because without it, patients cannot disclose important information to the healthcare provider. For example, in the United States of America, during the 1970s, the number of people involved in drug treatment increased significantly, but any drug-related activity, including drug treatment, could result in to criminal prosecution at the federal level. (Fallon) So this prevented many people from seeking treatment. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 requires all healthcare professionals and organizations to protect patient identity and ensure the integrity of relevant privacy laws. However, certain types of patient information are disclosed to researchers, families of other patients, other pharmaceutical and public health technicians and agents, law enforcement and third-party payers, and certain organizationsbiomedical. Patient consent, in this case, is not required in many parts of the world. Aside from confidentiality concerns, it is essential that the patient and caregiver have a close, caring relationship where there is a high sense of safety and trust between the patient. two of them, because “Effective treatment requires accurate information. Patients are more likely to provide this information when they are not concerned about public exposure. » (Pamela Sankar, 2003) Confidentiality between counselor or therapist and private client. Confidentiality is undoubtedly one of the basic principles of psychotherapy and counseling. Whatever the patient says to a therapist, it should remain between them and them alone. Patients are at a very vulnerable time in their lives when seeking counseling and it is impossible for them to get the help they need without having full confidence that the counselor will keep their thoughts, confessions, and condition secret of spirit. HIPAA includes a segment that protects an individual's mental health information. (Angela Londoño-McConnell, Stacey Larson, nd) Any disclosure of information comes solely from the patient, unless authorized by the therapist through a written and signed authorization. (Confidentiality, nd) Confidentiality is not just a code of ethics or professional conduct – it also has a legal aspect. “Any licensed therapist who violates confidentiality without a patient's approval is subject to legal action and may lose their license for violating professional ethics.” (Goleman, 1993) Although specific laws vary, there is a basic guarantee of complete confidentiality for clients, except in certain situations. Therapists are legally required to break confidentiality if their patient poses a risk to themselves or others, such as if they intend to commit suicide or plan to harm someone. This provision was put in place after the murder of UC Berkeley student Virginia Tarasoff by a fellow student who revealed to his advisor that he intended to murder her. The counselor chose to keep his client confidential, failed to warn Tarasoff, and was sued by Tarasoff's parents when the fact that the murderer had declared his intentions in therapy came to light. (Goleman, 1993) (Jessica De Bord, nd) Therapists are also required by law to hand over patient records and details, and related documents, if asked to do so by law enforcement agencies . (Ley, 2014)Importance of Customer PrivacyAside from their obvious importance in maintaining transparency and candor fostering a sense of trust between both parties, privacy laws prevent the revelation of potentially embarrassing personal information which may include past incidents of sexual abuse, domestic violence, drug use, alcohol dependence, medical information, marital problems, irregular behavior, poor education, poor work ethic, relationship or psychological history, etc. Privacy restrictions also prevent details about a person's parents, spouse and children from being discovered, which can increase the chances of discrimination against them, for example if they suffered from a mental illness like schizophrenia in the past or if he suffers from a medical problem like narcolepsy, employers may be hesitant to hire him for a job. Disclosure of such information can be very damaging to a person's reputation, particularly if it is inaccurate, for example if the person hasbeen tried for false accusations of child abuse in the past. Sometimes confidentiality is of paramount importance to personal safety, particularly in the case of domestic violence shelters and witness protection programs. Both require complete confidentiality to succeed. Confidentiality provisions also ensure the safety of families, especially immigrant families who decide not to seek medical and other social services for fear of deportation if the Immigration and Naturalization Service (INS) finds out. . They may also be necessary to encourage individuals to use services designed to help them. Adolescents may avoid seeking mental health services at a school clinic, for example, if they think the information will be passed on to their teachers, parents, or peers. The same goes for birth control or HIV-related medical consultations. (Soler, 1993)Any privileged communication between the lawyer and his client is protected by the Pakistani legislature, under Section 9 of the Qanoon-e-Shahadat Ordinance of 1984. "No lawyer shall at any time be permitted , except with the express consent of his client, to disclose any communication made to him in the course and for the purposes of his employment as such lawyer, by or on behalf of his client, or to declare the content or status of any material which he has become aware of in the course and for the purposes of his professional employment, or to disclose any advice given by him to his client in the course and for the purposes of such employment (Government of Pakistan, 1984) These obligations. of secrecy are obligatory even after the lawyer has left employment However, lawyers are still required to disclose information that clearly shows that the client is involved in pursuing illegal actions. the same order further reinforces the fact that the communication between the lawyer and his client is confidential: "No one shall be compelled to disclose to the Court, Tribunal or any other authority exercising judicial or quasi-judicial powers or to the jurisdiction any confidential communication between him and his professional legal advisor, unless he presents himself as a witness, in which case he may be compelled. to disclose all communications which may appear to the Court necessary to explain any testimony he has given, but not others. (Government of Pakistan, 1984) (Nashat, 2010) It should be noted that this article prohibits authorities from pressuring individuals to disclose certain privileged information in a court of law, but does not prevent them from voluntarily disclosing such information . Pakistan is quite behind the times when it comes to issues of doctor-patient and therapist-client confidentiality. There is no system to ensure that customer confidentiality is implemented, and so it is up to individuals to do what they see fit. According to Ravale Mohydin in the Express Tribune, therapist-patient confidentiality is not a concept that psychologists understand. Many counselors freely share information that is supposed to be confidential with their patients' families. (Rauf, 2015) Those who are harmed and suffer from breaches of customer confidentiality do not know enough about their rights to seek redress. “In Pakistan, there is no law protecting patients from any violation of their privacy; there is simply a confidentiality contract signed by certain therapists. » (Rauf, 2015)Doctor-patient confidentiality seems to suffer from the same indifference, but it does not always go unpunished. A doctor from the Pakistan Institute of Science &.
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