4.3. Describe the potential tension between maintaining an individual’s confidentiality and disclosing concerns

Course – Level 3 diploma in care (RQF)

Unit 6 – Promote Communication in Care Settings

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L.O 4 – Be able to apply principles and practices relating to confidentiality

4.3: Describe the potential tension between maintaining an individual’s confidentiality and disclosing concerns

Confidentiality is key, but keeping someone safe is more important. Sometimes, there are various difficult situations where you have to share information to protect someone from any kind of harm. It’s quite tough, but it’s your job. Clear rules help you make the right decision. 

The tension is created because of the ethical values and responsibility of keeping the privacy of the other person while breaking it if needed. There are many ways to overcome this tension in order to maintain both the individual’s privacy and safety.

Tensions Between Confidentiality and Disclosing Concerns

  • Trust Issues: Professionals need to maintain the trust they’ve made with a person by keeping things private with their responsibility to share concerns when required. Breaking confidentiality can damage the trust between them, which can make it hard to communicate in the future.
  • Professional Reputation: A professional’s reputation can have a negative effect if they are not maintaining the privacy of people without a genuine reason. On the other hand, they may experience criticism if they do not share the information to prevent harm.
  • Legal Implications: Professionals can experience tension when laws such as the Children Act 1989 or the Care Act 2014 demand sharing information in various cases of abuse or neglect, but this can affect their responsibility to maintain privacy.
  • Ethical Dilemma: It is very hard to choose the right one between two things. whether to keep information and data private or to share it when it is necessary in various cases, such as abuse, self-harm, neglect, etc.
  • Risk of Safety: If someone’s not safe, for example, if they are thinking about hurting themselves, then you have to speak even if it means sharing something private. Keeping information private matters, but making sure someone’s safe is more important. If you don’t say anything, things can get worse. You should  is to follow your workplace rules and talk to your manager if you’re not sure what to do.

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Balancing Factors 

Level of Risk: Safety is more important than keeping things private in these situations. If the risk is really serious and someone causes harm because of that, then it’s right to tell or share information, even if it means breaking privacy.

Minimum Necessary Information: If you have to share information, only tell what’s really needed to keep someone safe. Don’t share extra details that aren’t important, as that could break their privacy even more. This will show respect for individual privacy.

Informed Consent: When possible, staff should ask or take permission from the person before sharing their information to check if they’re okay with it. This shows respect and gives them a say in what’s shared.

Legal and Ethical Rules: There are clear laws, such as the Children Act 1989, and rules from the Care Act 2014 that tell professionals when it’s okay to break confidentiality. They have to follow these rules to ensure everything is done properly and legally.

TensionsBalancing Factors
Trust IssuesMinimum Necessary Information
Professional ReputationLegal and Ethical Rules
Legal ImplicationsInformed Consent
Ethical DilemmaLevel of Risk

Breaking confidentiality can be devastating for an individual. It would prevent them from being able to trust their professionals, which would cause a decrease in sessions attended or poor mental health altogether. This could have damaging effects on both the client’s well-being and future relationships with family, friends, work colleagues, etc.

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