Law for Social Work: Understanding Client Confidentiality and Legal Obligations

LAW FOR SOCIAL WORK 1
LAW FOR SOCIAL WORK
Student’s Name
Course
Professor’s Name
University
Date

LAW FOR SOCIAL WORK 2
Section 5.2.4 of the AASW code of ethics clearly indicates that, prior to taking any action
disclose a client’s confidence without formal consent, the level of the perceived risk will be
assessed properly in close consultation with other key professionals. Moreover, reference to the
relevant policies and laws. The consequences of breaching client Confidentiality include but not
least; ramification of lawsuits, Termination of a practitioner among others. Such cases often
occur when a human service practitioner breaches an agreement to keep certain information as
private. Breach of confidentiality is a broader concept that often arises in multiple spectrums.
Whenever a party puts its trust and confidence in human service practitioners, a fiduciary
relationship may have been developed. Such associations impose on the practitioners the
obligation to act at the best interest of the client who has put his or her trust on the fiduciary. Due
to such reasons, the practitioners might not simply deal. In such cases, the equitable doctrine of
breach of confidence is implemented in order to safeguard confidential information provided by
the client to the professionals in circumstances which shift the obligation of non-disclosure to the
Human service practitioners (Hudgins, et.al., 2013).
It is imperative to note that the rationale underlying the safeguard of confidential
information is diverse, ranging from commercial, professional, among other relationships.
Therefore, any form of relationship requires confidentiality to ensure that there is practical
functionality and that the safeguard of the relationships serves the public interest. However, there
are situation in which the legal frameworks do not safeguard confidential material agreed
pursuant to a direct obligation of confidence because by doing so, it would be contrary to other
public interests. Where the party to whom the obligation of confidentiality is owed is not the
government, the situations in which disclosure might be conducted is a topic that is still in
constant debate.

LAW FOR SOCIAL WORK 3
Human service practitioners might disclose confidential information if there is fitting
consent of the client or any other lawfully authorized individual acting on behalf of the client
unless the law states otherwise. Nevertheless, professionals are allowed to release information
without the client consent only if the law mandates them to do so. Moreover, they can do so
where the law permits them for valid purposes such as; Provision of much needed professional
services, Obtaining the necessary professional consultations and finally if the expert wants to
obtain payment for services from the client or patient. In such circumstances, disclosure is often
limited to the requisite minimum necessary to accomplish the intended purposes.
Consent from the client is often considered as the foundation in which the Ethical
standards 4.05 are based. The first paragraph clearly sets out disclosure in the context of consent.
The second paragraph focuses on disclosure without consent from the client. The second section
indicates that when a professional does not have the consent of the client, they disclose the
information only when they are bound by legal obligations or legal permission to do so.
According to section 5.2.3 of the AASW code of ethics, social worker will ensure that the client
has a proper understanding on the idea of informed consent as well as the circumstances in which
he/ she is allowed to provide consent. However, Where the client has limited capacity to
understand informed consent, a professional is only allowed to provide confidential information
in compliance with the client’s level of comprehension and restrict the freedom to decide and
act as little as possible.
According to Section 4.05 of the Privacy Act of 1974, client consent is the fundamental
bases on which professionals must consider before they disclose any form of information.
Disclosing confidential information, according to Ethical standards 4.05, disclosure of
confidential information pursuant to client consent is a respect for the dignity and worth of all