ETHICS IN ACTION
PART 1 OF 2
Confidentiality and Consent to Share Information IS THERE EVER A RIGHT TIME TO DISCLOSE OR SHARE INFORMATION WITHOUT CONSENT? BY BRUCE LLEWELLYN, MSW, RSW AND SHERYL PEARSON, MSW, RSW, LLB
CONFIDENTIALITY AND CONSENT are ethical cornerstones of every regulated profession and social work is no exception. Some might say that social work, more than most, requires a foundation of confidentiality and consent, given that trust and respect are fundamental to the social worker–client relationship. The CASW Code of Ethics state that “Social workers demonstrate respect for the trust and confidence placed in them by clients, communities and other professionals by protecting the privacy of client information and respecting the client’s right to control when or whether this information will be shared with third parties.” This article is part one of a two-part series dealing with confidentiality and consent to share information. Part one will address the principle of confidentiality and the exceptions to confidentiality. Part two will address the principle of consent to share information. Confidentiality The ACSW Standards of Practice 2019, section D.5, Confidentiality, provides that: (a) A social worker will safeguard the confidentiality of the information obtained in the course of practice, 14
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including while teaching, providing supervision, conducting research, or other professional duties. (b) Except as noted in section D.7, a social worker will disclose information about a client to others only with documented informed consent from the client. Value 5 of the CASW Code of Ethics deals with Confidentiality in Professional Practice in a similar way: Social workers only disclose confidential information to other parties (including family members) with the informed consent of clients, clients’ legally authorized representatives or when required by law or court order. Thus, there are only two conditions that justify the release of confidential information by a social worker:
is permissible when a social worker believes that disclosure is necessary to protect against a clear and substantial risk that the client will inflict imminent serious harm on self or others. The CASW Code of Ethics provides that “the general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable and imminent harm to a client or others.” Notably, this exception sets a high bar for disclosure of confidential information without consent. There are three factors that must be taken into consideration. (See Supreme Court of Canada case Smith v. Jones, SCC, 1999). (1) Is there a clear risk to an identifiable person or group of persons?
1. The client (or their legal representative) has consented to the release of information; or
(2) Is there a risk of serious bodily harm or death?
2. The social worker is required by law or court order to do so.
Clearly, this exception includes the situation where a client is considered homicidal or suicidal.
The intention of this article is to explain the exceptions to confidentiality. Exception 1 Disclosure of confidential information
(3) Is the danger imminent?
Exception 2 Disclosure without a client’s consent is permissible when a social worker is required by a Provincial or Federal
