PRIVILEGED COMMUNICATIONS, CONFIDENTIALITY, AND PRIVACY .1. PRIVILEGED COMMUNICATIONS

Discusses various legal questions concerning privileged communication as it applies to psychologists, particularly clinical psychologists. The concepts of confidentiality, privileged communication, and privacy are defined and present laws in 40 states and Canada which grant these privileges to clients of psychologists are discussed. General guidelines are offered concerning: (a) circumstances in which privilege prevails, (b) who may assert or waive privilege, (c) privilege regarding identity of the client, (d) exceptions to the privilege, (e) circumstances in which the privilege does not exist, (f) confidentiality in court-ordered mental examinations, and (g) unauthorized disclosures and their consequences. It is suggested that the functional approach to privilege as proposed by R. M. Fisher be given serious consideration. (PsycINFO Database Record (c) 2006 APA, all rights reserved). © 1969 American Psychological Association.