Ethical Considerations in Digital Healthcare

This assignment presents a case study involving a psychologist who violates patient confidentiality by sharing personal information via digital platforms. Students must analyze the ethical breach, referencing relevant codes of conduct and legal frameworks such as the Health Information Privacy Code (HIPAA) in the United States or similar legislation in other countries. The focus is on understanding the potential consequences of such breaches and the importance of maintaining patient privacy in a digitally connected world.

Human rights review tribunal
Institutional Affiliation
Name
Date

Table of contents
Assessment 2..............................................................................................................................3
1. Demonstrate understanding of legal institutions and processes in health care......................3
2. Analyse the role of civil and criminal law on health care policy and practice......................4
3. Critique cases or legislation related to consumers’ rights based on scholarly research.........4
4. Examine the implications of case law and legislation for your current or future health care
practice.......................................................................................................................................5
Reference List............................................................................................................................7

Assessment 2
LO1. Demonstrate understanding of legal institutions and processes in health care
The main significance of rules and norms is that it ensures the smooth and correct processes
of function and operation of the health care sector. The particular sector is a large sphere
which involves various departments and units, a large number of health professionals and
care workers work in the health care sector(Exter,2008). The chief objective of the health
care professionals is to give proper treatment and care service to the health users. The
importance of the legal processes and institutions refers to the fact that there are certain rules
and regulations which the health providers need to consider and follow. Different countries
possess their respective set of norms, ensuring the legal and ethical mode of practices in the
healthcare sector (Skegg,et al,2015)
Regarding the point, it should be stated that one such statutory entity is the Human Rights
Review Tribunal present in the country of New Zealand. The entity is acknowledged as an
important body that possess the right and is responsible for dealing with human rights. The
agency connected with the justice sector of the country and has gathered considerable amount
of reputation in the domestic sphere. The tribunal possesses the ability to give decisions and
grant remedies and substantiate cases as per requirement. The entity solves issues related to
human rights and possess the mechanism for adjudication. The entity is responsible for
handling legal issues which is related with the Privacy Act of 1993, Health and Disability
Commissioner Act of 1994 and Human Rights Act of 1993. Considering the case scenario,
client A can file a complaint with the health and disability commissioner. It can be
understood that the client has filed the complaint against the fact that her husband (client B)

has formed a social, personal relationship with the psychologist and the client’s claim is valid
(Kloss, 2013).
The Harmful Digital Communications Act 2015 is one of the essential acts. This act is helpful
to stop bullying and negative communication which occurs on the wired platform. Taking
into view the content of the Act, it states it is illegal and unethical to mitigate, deter and
prevent harmful digital communications. It allows the individuals to resolve their conflicts
and issues which occurs online. Digital communication refers to any type of communication
which is conducted digitally (or through electronic devices). The communication can be done
with the help of photograph, sending text, audio message, recording and so on. The Act states
that an individual need to maintain certain principles while communicating with another
individual. Considering the Act, a health professional cannot send threatening, menacing or
intimidating content to the client. The sender cannot harass the client on using the personal
information of the patient as a valid reason for making any statement. However, in the case
scenario, it has been observed that the accused psychologist had sent a personal email to the
client A. It can be stated that the psychologist was guilty (Basevi et al. 2014). Another fact
which should be mentioned in this regard, instead of communicating directly with the patient,
the health provider gave an email to the client A, stating that the latter’s trust issue is the real
reason for the breakout of the marriage between the couple. Assessing the information, the
health provider should not have taken the action.
The Act of Netsafe-HDCA of 1994 suggests that digital content which has the potential to
cause distress and emotional breakdown to the victim or the person receiving the content, the
sender would be accused of committing crime as per the effect. Considering the point it can
be said that the psychologist has committed a digital crime as she gave an email which caused
emotional distress to the client A. Making a personal attack to the client A regarding the
psychological weakness is not right. Taking the case into account, it should be stated that the

health provider, has breached several rules mentioned in the Code of Rights. Clause 1 states
that it is the responsibility of the health provider to promote health awareness to the potential
consumer (Freckelton & Petersen,2016). It was true that the mentioned health provider was
providing client A and B with required consultation. Concerning the fact, the psychologist
was consulting the two health users as a couple, but the psychologist performed a relationship
with the client B without the knowledge pf the client A, hints of discrimination and partiality
could be observed, proving the guilt of the psychologist. Client A’s dignity was violated with
the content of the email sent by the psychologist. Assessing the entire scenario, it could be
easily stated that the psychologist had violated the term of right 4. Right 4 upholds the fact
that the consumer posses the right to get standard service from the service provider but client
A was deprived of the right. The psychologist did not give necessary information to the client
A and along with this, the health provider behaved rudely with the client A in the digital
platform.
The Netsafe can resolve the problem by conducting necessary investigation about the entire
incident. The Agency need to investigate the complaints and attempt should be made to
persuasion, mediation and negotiation (Bélanger,2011). It can be said that a certain
miscommunication had occurred between the health provider and health user.

LO2. Analyse the role of civil and criminal law on health care policy and practice
Just like any other sector, the healthcare sector has its laws and policies that guide the
operation of healthcare practitioners. The criminal law refers to a body of law relating to
crime and inhibits conduct that is harmful, threatening or has the possibility of affecting
property as well as the welfare, health, and safety of people. Civil law, on the other hand, is a
body of laws that regulate any disputes arising between private parties including
organizations individuals and groups. The main difference between civil and criminal law has
to do with how each case is initiated and decided, as well as the types of penalties and
punishments that can be imposed. They also differ about standards of proof that require being
met for the case to be decided as well as the legal protections available to the accused. While
cases are initiated by private parties in Civil law, the government initiates cases in criminal
law. While the punishment in criminal cases is mostly imprisonment, in civil cases the
punishment is mostly monetary awards. In criminal cases, the burden of proving the
defendant’s guilt lies with the prosecution, and they must do this beyond any reasonable
doubt. In contrary, with civil cases, the burden of proof lies with the plaintiff through
presenting sufficient evidence (Exter, 2008).The Civil and criminal law in health care play
the role of protecting patients from being harmed within healthcare institutions by healthcare
practitioners.

Digital Communications Act of 2015 is one of the laws governing against harming of
individuals within the healthcare context. It prohibits disclosure of personal information
through digital media, menacing, threatening or intimidating digital communication, Indecent
or obscene digital communication, making false allegations against individuals through the
use of digital media among other regulations (Cohen,2016). As per the Digital
Communications Act 2015 and the given case scenario, it can be said that the psychologist
did commit a digital crime through her email that was intimidating and threatening to Client
A. She scares her that there was no hope for her marriage which can be viewed as an
intimidating remark. By clearly stating to Client A why the husband did not want her through
the email she violated the privacy rights of client B since she was required to keep these
matters confidential as a professional psychologist (Henry and Powell, 2015). The
psychologist used information acquired in a professional setting and which was supposed to
be kept private and confidential to threat, intimidate and cause psychological harm to client A
The action of the psychologist can, therefore, be considered as a criminal action because its
main intent was hurting Client A by squashing her hopes for a lasting marriage with her
husband. This can, therefore, be classified as having implications for both civil and criminal
law. The Psychologist fails to maintain the privacy of her client and uses confidential
information to threaten and cause psychological harm to her client which is against the
professional code of conduct.
LO3. Critique cases or legislation related to consumers’ rights based on scholarly
research

A consumer is an individual who purchases Products or services for personal use from a
seller or a provider. Consumers are classified into four main classes including loyal
consumers, Need-based consumers, impulsive consumers, and discount consumers.
Consumer rights refer to the body of laws detailing the things that must be done by producers
of goods or providers of services to safeguard the consumers against any harm. Legal
disputes have been the main origin for these laws (Keenan & Thomson Reuters, 2010). These
rights are embedded in consumer protection laws which are governmental regulations
intended to protect the consumer rights. The basic consumer rights protected by these laws
are right to safety which protects against bodily harm resulting from the use of a good or
service, right to information which emphasizes the need of consumers to be provided with the
right information for the purpose of informed decision making, right to be heard which
protects the right of a consumer to complain about given products and services and have their
complaints heard, and attended to, right to choose which emphasize on availability of variety
option of goods and services for consumers to choose and right to quality goods and services
which regulates against provision of substandard goods and services to consumers. The main
reasons for consumer rights are the protection of consumers against unethical practices from
service providers and producers of goods, protection against the poor quality of goods and
services and ensuring that consumer justice is done (Kazmier, 2009).

In New Zealand for example, the Government has put forth Fair trading Act 1987 and
Consumer Guarantee Act 1993 to protect the rights of consumers against infringement. Fair
trading Act focuses on the way foods and services are presented to the consumer. It prohibits
against misleading information about goods and services from businesses to consumers either
through promotions or verbally from the providers and produces. Consumer Guarantees Act,
on the other hand, applies to goods and services bought for personal use (Cohen, 2016). The
main provisions of Consumer Guarantees Act about service providers are that services
provided to consumers must be a reasonable price, be carried out with reasonable skill and
care and within a reasonable timeframe. It also provides that the service must be fit for the
intended purpose. Regarding Consumer products act provides that, goods offered to
consumers bust be of acceptable quality, be fit for the intended purpose, match the
description shown to the consumer, be at reasonable prices, be legally recognized, be
delivered on time and in the desirable condition (Bennett,2008).These laws work towards
ensuring that consumer rights are upheld at all times by prohibiting infringement (Crowe,
O'malley & Gordon, 2011).
The health and disability commission Act of 1996 recommends the provision for both health
care users and health care providers. The act establishes duties and responsibilities that health
care providers are supposed to comply with and an obligation of promoting awareness to
consumers so that they can be able to exercise their rights. The focus of this Act can,
therefore, be viewed concerning promoting compliance on the part of healthcare providers
and creating awareness on the part of healthcare consumers (Ghodse,2011).

These laws should be improved to cover risks associated with online buying which is
increasingly becoming common. Of focus should be internet transactions facilitated by free
apps. The acts should have new provisions that make it possible for consumers to understand
online buying terms and conditions for the purchase of digital content among other goods.
LO4. Examine the implications of case law and legislation for your current or future
health care practice
Taking into account the context of the second case scenario, it should be mentioned that there
are certain laws and norms related to harmful digital communication which should have
proper consideration. I need to state that as a psychologist it is necessary to complete the
course of post-graduation. Following the completion of the course, I should conduct the
process of official registration for my future profession as a psychologist. This is essential to
get my professional acknowledgment in the health care sector (Skegg, et al,2015).I think it is
important to follow the rules and regulations related to the sphere of health and social care. I
am aware that I possess the duty and responsibility to provide necessary treatment and care to
the patients and health users who come for my aid. I should be careful and cautious to keep
the information of my patients as confidential. This kind of information should not be shared
with the other health professionals and health workers unless and until situation demands
concerning the betterment of the patient. As a psychologist, it is my duty to listen to the
reasons and problems which affects the patient. I should try my best to cure and improve the
overall health and mental condition of the patient (White, McDonald & Willmott,2014).
Being a psychologist, it would be my responsibility and duty to create a relationship of
confidante so that the patient feels comfortable to share and express the cause of distress and
psychological problems. I would take the effort for the purpose. However, in case of giving
counsel to couples, I would respect the relationship and would not form personal relationship
with either of the clients. Considering the case scenario, it has been observed that the

psychologist develops a relationship outside the professional sphere. A certain level of
personal relationship has been formed with the client B (the man). As its result the client A
(the woman) has accused the psychologist of ruining the marriage of the couple (Keenan,
Clery & Thomson Reuters,2010). The suspicion of the client A can be considered valid as the
psychologist have gone out with the client B. Considering the information I think it is ethical
to have any kind of personal relationship with the patient. Hence, I would refrain myself from
having any type of personal relationship with the client. Care should be taken not to build
attachment with the patient. I think it is important to inform the couples about each other.
This is very much necessary to better the relationship of the couples. Another point which
needs to mentioning is that digital communication should be used with care. It is not ethical
for a registered psychologist to send anything unprofessional, irrelevant matter to someone
who is my client (Gostin & Milbank Memorial Fund, 2010). I should not harass, give
offensive and conflicting statements to any individual, especially the individual who is
supposed to be my client. Personal information should not be made public. From the content
perceived in the case study, I should state that it is unethical for the psychologist to breach the
act of confidentiality and digital communication (McCaughey,2010).

Reference List
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