Confidentiality Provisions
Greenberg and Levy (1992) describe confidentiality provisions:
Confidentiality provisions typically establish guidelines concerning the type of information covered in a statute, the form of information covered, what exceptions exist, conditions of disclosure, effect of a release form, who holds the right to consent, and penalties for violating the statute (Greenberg & Levy, 1992, p. 6).
Greenberg and Levy (1992) describe the purpose of confidentiality provisions:
"Confidentiality rules are a way to protect people from unwarranted invasions of their privacy and from use of information for a purpose for which it was never intended. The rules also protect people from the repercussions that could result because of negative public attitudes; this is the reason, for example, that rules are particularly stringent with respect to child abuse and neglect, mental health history, human immunodeficiency virus (HIV) status, and substance abuse. The basic premise is that information about an individual is given, collected or recorded for a specific reason and that, unless there is an overriding justification, the information should not be used for other purposes without the individual's concurrence. Confidentiality rules also protect organizations and their staff from being forced to disclose confidences or to act as agents of law enforcement." (p. 5)
"There is a recognition that people often seek help in a state of vulnerability, that the willingness to describe a situation candidly is essential to the relationship, and that an individual's willingness to speak freely could be fundamentally impaired if he or she did not have an assurance of confidentiality. (pp. 5-6)