Running head: JUSTIFYING BREACHES IN CONFIDENTIALITY 1
Justifying Breaches in Confidentiality
JUSTIFYING BREACHES IN CONFIDENTIALITY 2
Justifying Breaches in Confidentiality
Confidentiality is an imperative portion of the client-counselor relationship; however,
there are limitations that a counselor must adhere to. The main priority of the counselor is to
protect the welfare of the client and sometimes that means breaching confidentiality. A few
situations are out of the counselor’s hands and they are mandated to breach confidentiality, but
there are some that would warrant the counselor to make an ethical decision in the best interest
of the client. In any situation where the counselor has breached confidentiality there could be
repercussions, whether it be existential or external.
Confidentiality
It is the job of the counselor to build an atmosphere of trust and mutual respect for their
client to truly feel as if they can disclose their innermost thoughts and feelings. It is with this
rapport that the counselor can begin to build their part47ilnership with the client to get to the root
of their symptoms and behaviors. Confidentiality plays a huge role in this as the client may be
disclosing embarrassing or even damaging information. Without confidentiality most clients
might not feel safe enough to express their emotional and mental issues, which really is a
disservice to them. Following the American Counseling Association (ACA) Code of Ethics, the
fundamental principles of professional ethical behavior, and the core professional value of
practicing in a competent and ethical manner a counselor is certain to respect the dignity of their
client and make their welfare the primary responsibility (ACA, 2014, §A.1.a.). The following
will discuss the limitations of confidentiality with clients who have the capacity to give informed
consent.
Breaching Confidentiality
JUSTIFYING BREACHES IN CONFIDENTIALITY 3
Breaching confidentiality is not an impromptu decision that a counselor makes. It all
begins with the informed consent the counselor, and most importantly, the client agreed to before
starting and during their partnership. Informed consent is a legal obligation of the counselor to
obtain prior to treatment, delivered in a way that guarantees the client’s understanding (Remley
& Herlihy, 2016). Furthermore, the ACA Code of Ethics (2014) stresses counselors to inform
their clients of the limitations to confidentiality, as well as identify situations in which
confidentiality must be breached (§B.1.d.). By signing the informed consent, the client has
already given their consent to the counselor to breach confidentiality in those situations
identified. Some common situations include, but are not limited to, child abuse/neglect, elder
abuse/neglect, suicidal intent, and homicidal intent.
Mandatory Breaches of Confidentiality
Following the fundamental ethical principles of nonmaleficence (avoiding actions that
cause harm) and beneficence (promoting the mental health and well-being of clients to benefit
society), as well as federal and state laws, the counselor has the obligation to report any
disclosure by their client that imply they are a danger to themselves or others. The counselor
should always consult other professionals when faced with this dilemma; however, the ACA
Code of Ethics clearly states that a requirement of counselors is to disclose confidential
information in order to protect their client or others from serious and foreseeable harm (§B.2.a.).
If the client divulges participation in any of the following situations, the counselor should stop
the session, review the informed consent with the client, and detail what the client should expect
to happen next.
Child Abuse/Neglect. Child abuse (physical, sexual, or emotional) or neglect seems like
an obvious situation in which a counselor would breach confidentiality, almost as if there is no
JUSTIFYING BREACHES IN CONFIDENTIALITY 4
ethical dilemma involved. If the client confesses or alludes to child abuse or neglect during a
session, even unintentionally, the counselor should not take that lightly. According to the U.S.
Department of Health and Human Services (2016), there were approximately 3.6 million child
maltreatment reports affecting an estimated 6.6 million children in the United States in 2014
alone. Even though the child is not the counselor’s client, they still must take their safety and
well-being into account. Victimization from child abuse or neglect could lead to several short
and long-term negative outcomes across their lifespan, including substance use, unsafe sex
practices, social isolation, self-injury, depression, posttraumatic stress disorder, involvement in
the criminal justice system, and a greater risk for engagement in inter-partner violence (Golomb,
Sears, Drozd, Kotori, & Vera-Hughes, 2017). Although the mandates for reporting of child
