Confidentiality in Group Settings 1 Ethical Issues Specifically Confidentiality in Group Settings Jill Hutzel Touro College Confidentiality in Group Settings 2 According to Merrell, Ervin and Gimpel (2006), “Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules of professional or scientific relationship…The limits of Confidentiality include A). Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship (1) the relevant limits of confidentiality and (2) the foreseeable uses of the information generated through their psychological activities, B). Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant, and C). Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks of privacy and limits of confidentiality.” When discussing a more specific topic of confidentiality such as within a group setting, “Corey, Corey and Callanan (2007) and Crespi (2009) have particular concerns about confidentiality in counseling groups for minors. They urge leaders to ‘teach members, in terms they are capable of understanding, about the nature, purposes and limits of confidentiality’ (p. 476) and to remind members to discuss their concerns about confidentiality whenever needed. With complete information about the limits of confidentiality, members can decide how much they want to disclose. Salo and Shumate (1993) also note that ‘groups by their very nature, negate the presumption of privacy’ (p. 34). They advise counselors to inform all group members about the necessity for confidentiality, but also to point out that privileged communication may not apply to group discussion. Welfel (2010) states that even though group counselors cannot Confidentiality in Group Settings 3 guarantee confidentiality, they encourage it. Having children practice keeping group communication private by role-playing situations may eliminate some complications” (Henderson and Thompson, 2011). More specific to confidentiality within a group setting, Lasky and Rivera (2006) agree that “in individual therapy, confidentiality creates frequent ethical dilemmas for therapists. In a survey asking over one thousand members of the American Psychological Association about incidents that were ethically challenging, Pope and Vetter (1992) found the most common dilemma for individual therapists involved confidentiality. In group psychotherapy, issues of confidentiality are even more complicated. Welfel (1998) outlined how issues of confidentiality in groups differ from those in individual therapy. In addition to disclosing personal information to a therapist, the group client discloses information to other group members with no guarantee that those others will keep that information private. The very effectiveness of the treatment is based on the interdependence and interaction among group members that entails the mutual disclosing of personal material. The group therapist has comparatively less control over how sessions progress, in terms of the nature and depth of material disclosed, or what happens between sessions, especially around issues of confidentiality.” In addition, “The literature is clear that absolute confidentiality in groups is difficult and at times even unrealistic. Pepper (2004) states: ‘the very nature of group, with the sheer number of participants and all the possible permutations and combinations for boundary crossings, virtually ensures the inevitability of violations of privacy’ (p. 103-104). The challenges in maintaining confidentiality increase many fold when group members live and work in close proximity with each other, as in correctional institutions or inpatient facilities where group Confidentiality in Group Settings 4 members interact with each other in numerous ways and often share multiple roles” (Lasky and Rivera, 2006). Confidentiality is definitely something that is taken seriously at both of my internship sites. When trying to think about what I could write about for this paper it was not an easy task. My supervisors along with the rest of the staff have done a fantastic job being professional and taking their careers seriously. Although, this may not be the case; I have only been at my sites for a few months now. If I was to write this paper in a couple of months from now or at the end of the year, I am sure that I would be able to see, think, hear, etc. a number of unethical issues at both of my sites. One of the immediate concerns that involves confidentiality are the discussions within the faculty lounge. The staff will talk about their students, but again I do not hear things that are extremely personal, insulting or demeaning to the student. Staff will mostly talk about what goes on within their classroom, minor social issues between the students, assignments and/or homework that are given out in classes and conversations that are completely unrelated to work. Although this is a serious issue involving confidentiality of the students, it probably happens within every school and there are bigger problems that should probably be addressed. I decided to focus this paper on Confidentiality involving counseling groups. I have witnessed concerns of this topic several times already and although the word “confidentiality” has been explained and reminded to the students often, it is still misused. The students will discuss topics to other students that are not within the counseling groups. The proof of this is when other students (who are not in any counseling groups) come down to guidance and actually tell staff what the students have told them or overheard. They mention specific details that have been discussed within groups and concerns that they have because they are aware of information. Confidentiality in Group Settings 5 Specifically, two girls came into guidance to share that they over heard two other students (which are in a counseling group together) speaking and discussing with one another about a student who has been physically and sexually abused by her biological father. The one student will sporadically discuss this very private and confidential topic to the other members, believing that this information will stay within the group. This had the two students who are not in the counseling group concerned that the one girl will commit suicide because of the abuse. False information such as this will lead to untrue accusations and concerns with not only the other students but staff and family members. It needs to be a constant and consistent reminder for these students that what is said within group, stays within the counseling session. As the previous research supports, it is unethical for students to discuss confidential information outside of groups. This issue probably arises in school districts in all areas of the globe. It is up to staff member’s to keep on top of what is discussed within their schools and to discuss with students within their groups the importance of respecting the confidentiality of others. Confidentiality in Group Settings 6 Reference Corey, G., Corey, M.S., & Callanan, P. (2007). Issues and ethics in the helping professions (7th ed.). Pacific Grove, CA: Brooks/Cole. Crespi, T.D. (2009). Group counseling in the schools: Legal, ethical, and treatment issues in school practice. Psychology in the Schools, 46, 273-280. Henderson, D.A., & Thompson, C.L. (2011). Counseling Children (8th ed.). Belmont, CA: Brooks/Cole. Lasky, G. B., & Riva, M. T. (2006). Confidentiality and privileged communication in group psychotherapy. International Journal of Group Psychotherapy, 56(4), 455-76. Retrieved from http://search.proquest.com/docview/194765973?accountid=14375 Merrell, K.W., Ervin, R.A., & Gimpel, G.A.(2006). School psychology for the 21st century: Foundations and practices. New York, NY: The Guilford Press. Pepper, R.S. (2004). Confidentiality and dual relationships in group psychotherapy. International Journal of Group Psychotherapy, 54, 103-114. Pope, K.S., & Vetter, V.A. (1992). Ethical dilemmas encountered by members of the American Psychological Association: A national survey. American Psychologist 47, 397-411. Salo, M., & Shumate, S. (1993). Counseling minor clients. In T. Remley, Jr. (Ed.), The ACA Legal Series: Vol. 4, Alexandra, VA: American Counseling Association. Welfel, E.R. (1998). Ethics in counseling and psychotherapy: Standards, research, and emerging issues. Boston: Brooks/Cole. Welfel, E.R. (2010). Ethics in counseling & psychotherapy: Standards, research & emerging issues (4th ed.). Belmont, CA: Thomson.