Confidentiality Revisited
- 1 May 1989
- journal article
- Published by Oxford University Press (OUP) in Social Work
- Vol. 34 (3) , 223-226
- https://doi.org/10.1093/sw/34.3.223
Abstract
A number of ground breaking cases involving social worker-client privilege of confidentiality have been decided by the courts. Two decisions have firmly upheld the confidentiality of client communications with social workers and have stated that the privilege is equal to communications between clients and lawyers and physicians, for example. Two cases have extended the privilege of confidentiality to marital counseling. Many courts have held that the privilege “belongs” to the client and only the client can waive the protection. However, there can be an implied waiver of confidentiality when a client takes certain legal actions, such as bringing malpractice action against a social worker. The records of the professional may, in certain cases, be examined by law enforcement agencies. A number of states have imposed an affirmative duty upon the professional, to warn a potential victim of a dangerous client.Keywords
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