BREAKING CONFIDENTIALITY - DANGER TO SELF OR OTHERS

There are times when a client's right to confidentiality does not apply. It is ethically permissible to give out confidential information for a legitimate reason only when it is required or permitted by law because of the following reasons:

1. The individual is a danger to himself/or herself. It is up to the counselor to make this judgment call on whether or not the individual is in imminent danger. For example, an individual threatening suicide may not be serious. Also, releasing information may not be necessary to prevent the individual's problem.

2. The client presents a danger to other people. Many factors play into this intricate issue that need to be examined. The Tarasoff Decision is one major legal standard regarding this issue. The ruling from this basically states that it is the duty of the therapist to notify the police, the victim, or whoever else needs to know in order to prevent a dangerous situation from occurring. Now it is commonly believed because of the Tarasoff decision that it is the duty of the counselor to warn or protect the intended victim. This, however, only applies when the individual poses an impending danger or threat.