American Counseling Association (ACA) Code of Ethics and Standards of Practice (2005) has an entire section devoted to confidentiality

in advanced counseling. Each of the codes listed incorporate the aspect of confidentiality in a counselor client relationship. Section A rea!s do"n the relationship et"een counselor and client. Section # pertains to the counselor sharing the information o tained from the client "ith anyone other than the client. Section A: The Counseling Relationship A.6.b. Confidentiality and Advocacy Counselors o tain client consent prior to engaging in advocacy efforts on ehalf of an identifia le client to improve the provision of services and to "or! to"ard removal of systemic arriers or o stacles that inhi it client access$ gro"th$ and development. A.9.c. Confidentiality Counselors "ho provide services to terminally ill individuals "ho are considering hastening their o"n deaths have the option of rea!ing or not rea!ing confidentiality$ depending on applica le la"s and the specific circumstances of the situation and after see!ing consultation or super% vision from appropriate professional and legal parties. A.12.g. Technology and Info !ed Consent As part of the process of esta lishing informed consent$ counselors do the follo"ing& '. Address issues related to the difficulty of maintaining the confidentiality of electronically transmitted communications. 2. (nform clients of all colleagues$ supervisors$ and employees$ such as (nformational )echnology (()) administrators$ "ho might have authori*ed or unauthori*ed access to electronic transmissions. +. ,rge clients to e a"are of all authori*ed or unauthori*ed users including family mem ers and fello" employees "ho have access to any technology clients may use in the counseling process. (nform clients of pertinent legal rights and limitations governing the practice of a profession over state lines or international oundaries. ,se encrypted -e sites and e%mail communications to help ensure confidentiality "hen possi le. -hen the use of encryption is not possi le$ counselors notify clients of this fact and limit electronic transmissions to general communications that are not client specific. (nform clients if and for ho" long archival storage of transaction records are maintained. .iscuss the possi ility of technology failure and alternate methods of service delivery. (nform clients of emergency procedures$ such as calling /'' or a local crisis hotline$ "hen the counselor is not availa le. .iscuss time *one differences$ local customs$ and cultural or language differences that might impact service delivery. (nform clients "hen technology% assisted distance counseling services are not covered y insurance.

Section ": Confidentiality# $ ivileged Co!!unication# and $ ivacy ".1.a. %ulticultu al&'ive sity Conside ations Counselors maintain a"areness and sensitivity regarding cultural meanings of confidentiality and privacy. Counselors respect differing vie"s to"ard disclosure of information. Counselors hold ongoing discussions "ith clients as to ho"$ "hen$ and "ith "hom information is to e shared. ".1.c. Respect fo Confidentiality Counselors do not share confidential information "ithout client consent or "ithout sound legal or ethical 0ustification. ".1.d. ()planation of *i!itations At initiation and throughout the counseling process$ counselors in% form clients of the limitations of confidentiality and see! to identify foreseea le situations in "hich confidentiality must e reached. ".2.a. 'ange and *egal Re+ui e!ents )he general re1uirement that counselors !eep information confidential does not apply "hen disclosure is re1uired to protect clients or identified others from serious and foresee% a le harm or "hen legal re1uirements demand that confidential information must e revealed. Counselors consult "ith other professionals "hen in dou t as to the validity of an e2ception. Additional considerations apply "hen addressing end%of%life issues. ".2.b. Contagious# *ife,Th eatening 'iseases -hen clients disclose that they have a disease commonly !no"n to e oth communica le and life threatening$ counselors may e 0ustified in disclosing information to identifia le third parties$ if they are !no"n to e at demonstra le and high ris! of contracting the disease. Prior to ma!ing a disclosure$ counselors confirm that there is such a diagnosis and assess the intent of clients to inform the third parties a out their disease or to en% gage in any ehaviors that may e harmful to an identifia le third party. ".2.c. Cou t,- de ed 'isclosu e -hen su poenaed to release confidential or privileged information "ithout a client3s permission$ counselors o tain "ritten$ informed consent from the client or ta!e steps to prohi it the disclosure or have it limited as narro"ly as possi le due to potential harm to the client or counseling relationship. ".2.d. %ini!al 'isclosu e )o the e2tent possi le$ clients are informed efore confidential information is disclosed

and are involved in the disclosure decision%ma!ing process. -hen circumstances re% 1uire the disclosure of confidential information$ only essential information is revealed. "... Info !ation Sha ed /ith -the s "...a. Subo dinates Counselors ma!e every effort to ensure that privacy and confidentiality of clients are maintained y su ordinates$ including employees$ supervisees$ students$ clerical assistants$ and volunteers. "...b. T eat!ent Tea!s -hen client treatment involves a continued revie" or participation y a treatment team$ the client "ill e informed of the team3s e2istence and composition$ information eing shared$ and the purposes of sharing such information. "...c. Confidential Settings Counselors discuss confidential information only in settings in "hich they can reasona ly ensure client privacy. "...d. Thi d,$a ty $aye s Counselors disclose information to third%party payers only "hen clients have authori*ed such disclosure. "...e. T ans!itting Confidential Info !ation Counselors ta!e precautions to ensure the confidentiality of information transmitted through the use of computers$ electronic mail$ facsimile ma% chines$ telephones$ voicemail$ ans"ering machines$ and other electronic or computer technology. "...f. 'eceased Clients Counselors protect the confidentiality of deceased clients$ consistent "ith legal re1uirements and agency or setting policies. ".0. 1 oups and 2a!ilies ".0.a. 1 oup /o 3 (n group "or!$ counselors clearly e2plain the importance and parameters of confidentiality for the specific group eing entered. ".0.b. Couples and 2a!ily Counseling (n couples and family counseling$ counselors clearly define "ho is considered 4the client5 and discuss e2pectations and limitations of confidentiality. Counselors see! agreement and document in "riting such agreement among all involved parties having capacity to give consent concerning each individual3s right to confidentiality and any

o ligation to preserve the confidentiality of information !no"n. ".4. Clients *ac3ing Capacity to 1ive Info !ed Consent ".4.a. Responsibility to Clients -hen counseling minor clients or adult clients "ho lac! the capacity to give voluntary$ informed consent$ counselors protect the confidentiality of information received in the counseling relationship as specified y federal and state la"s$ "ritten policies$ and applica le ethical standards. ".4.b. Responsibility to $a ents and *egal 1ua dians Counselors inform parents and legal guardians a out the role of counselors and the confidential nature of the counseling relationship. Counselors are sensitive to the cultural diversity of families and respect the inherent rights and responsi ilities of parents6guardians over the "elfare of their children6charges according to la". Counselors "or! to esta lish$ as appropriate$ colla orative relationships "ith parents6guardians to est serve clients. ".4.c. Release of Confidential Info !ation -hen counseling minor clients or adult clients "ho lac! the capacity to give voluntary consent to release confidential information$ counselors see! permission from an appropriate third party to disclose information. (n such instances$ counselors inform clients consistent "ith their level of understanding and ta!e culturally appropriate measures to safe% guard client confidentiality. ".6.a. Confidentiality of Reco ds Counselors ensure that records are !ept in a secure location and that only authori*ed persons have access to records. ".6.f. 'isclosu e o T ansfe ,nless e2ceptions to confidentiality e2ist$ counselors o tain "ritten per% mission from clients to disclose or transfer records to legitimate third parties. Steps are ta!en to ensure that receivers of counseling records are sensitive to their confidential nature. ".6.g. Sto age and 'isposal Afte Te !ination Counselors store records follo"ing termination of services to ensure reasona le future access$ maintain records in accordance "ith state and federal statutes governing records$ and dispose of client records and other sensitive materials in a manner that protects client confidentiality. -hen records are of an artistic nature$ counselors o tain client (or guardian) consent "ith regards to handling of such records or documents. ".6.h. Reasonable $ ecautions

Counselors ta!e reasona le precautions to protect client confidentiality in the event of the counselor3s termination of practice$ incapacity$ or death. ".5.c. Confidentiality of Info !ation -btained in Resea ch 7iolations of participant privacy and confidentiality are ris!s of participation in research involving human participants. (nvestigators maintain all research records in a secure manner. )hey e2plain to participants the ris!s of violations of privacy and confidentiality and disclose to participants any limits of confidentiality that reasona ly can e e2pected. 8egardless of the degree to "hich confidentiality "ill e maintained$ investigators must disclose to participants any limits of confidentiality that reasona ly can e e2pected. ".5.d. 'isclosu e of Resea ch Info !ation Counselors do not disclose confidential information that reasona ly could lead to the identification of a research participant unless they have o tained the prior consent of the person. ,se of data derived from counseling relationships for purposes of training$ research$ or pu lication is confined to content that is dis% guised to ensure the anonymity of the individuals involved. ".6.a. Ag ee!ents -hen acting as consultants$ counselors see! agreements among all parties involved concerning each individual3s rights to confidentiality$ the o ligation of each individual to preserve confidential information$ and the limits of confidentiality of information shared y others. ".6.c. 'isclosu e of Confidential Info !ation -hen consulting "ith colleagues$ counselors do not disclose confidential information that reasona ly could lead to the identification of a client or other person or organi*ation "ith "hom they have a confidential relationship unless they have o tained the prior consent of the person or organi*ation or the disclosure cannot e avoided. )hey dis% close information only to the e2tent necessary to achieve the purposes of the consultation.