1 INTRODUCTION 4 | 2 |
2 GENERAL PRINCIPLES 6 | 2 |
2.1 Psychoanalytic & non-psychoanalytic approaches to confidentiality 6 | 2 |
2.2 The analyst’s responsibility for the frame/setting 6 | 2 |
2.3 The patient’s trust that the analyst will protect confidentiality 6 | 2 |
2.4 The possibility of unresolvable conflict between competing needs or views 7 | 2 |
2.5 Confidentiality as an ethical & technical foundation of psychoanalysis 7 | 2 |
2.6 Confidentiality & privacy 7 | 2 |
2.7 Institutional & individual responsibilities 8 | 2 |
2.8 Ethical versus legal considerations 8 | 2 |
2.9 Psychoanalysis and the wider community 9 | 2 |
3 PROTECTION OF PATIENTS IN THE USE OF CLINICAL MATERIAL FOR TEACHING, ORAL PRESENTATIONS, PUBLICATIONS, & RESEARCH 10 | 2 |
3.1 Preliminary remarks and the problem of ‘informed consent’ 10 | 2 |
3.2 Reducing potential and experienced harm to patients induced by the profession's scientific, technical, and ethical needs to share clinical experience 12 | 2 |
3.3 At the institutional level: teaching 13 | 2 |
3.4 Presentations of clinical material in congresses & other scientific events 14 | 2 |
3.5 Publications in psychoanalytic journals and e-journals 15 | 2 |
3.6 Psychoanalytic research 16 | 2 |
4 CONFIDENTIALITY WHEN USING TELECOMMUNICATIONS, INCLUDING FOR REMOTE ANALYSIS & SUPERVISION 17 | 2 |
4.1 Introduction 17 | 2 |
4.2 Privacy in the classical setting 17 | 2 |
4.3 Loss of privacy in telecommunicative settings 18 | 2 |
4.4 Loss of privacy in the classical setting 19 | 2 |
4.5 Long-term consequences 20 | 2 |
4.6 Implications for the IPA and its members 20 | 2 |
4.7 Measures which only appear to address the problem 23 | 2 |
4.8 Ethical implications & some possible partial protections 24 | 2 |
4.9 Conclusion 25 | 2 |
5 THIRD-PARTY REQUESTS FOR A BREACH OF CONFIDENTIALITY 26 | 2 |
6 COLLEAGUES AGAINST WHOM A COMPLAINT HAS BEEN MADE 29 | 2 |
7 PATIENTS’ ACCESS TO FILES, INCLUDING PROCESS NOTES 30 | 2 |
8 GENERAL CONCLUSIONS 32 | 3 |
9 RECOMMENDATIONS 34 | 3 |
9.1 Protection of patients in the use of clinical material 34 | 3 |
9.2 Telecommunications and remote analysis 36 | 3 |
9.3 Third party requests for a breach of confidentiality 37 | 3 |
9.4 Colleagues against whom a complaint has been made 37 | 3 |
9.5 Patients’ access to process notes 37 | 3 |
9.6 Psychoanalysis and the wider community 38 | 3 |
10 COMMENTS RECEIVED BY THE COMMITTEE CONCERNING THE DRAFT VERSION OF THIS REPORT 39 | 3 |
10.1 Introduction 39 | 3 |
10.2 Comments on the report as a whole 40 | 3 |
10.3 Intrinsic limitations of psychoanalytic confidentiality 41 | 3 |
10.4 The community-of-concern approach 42 | 3 |
10.5 Informed consent and sharing of clinical material 42 | 3 |
10.6 Telecommunications 43 | 3 |
10.7 Third party requests 45 | 3 |
10.8 Child & adolescent analyses 45 | 3 |
10.9 Analyses of candidates & colleagues 46 | 3 |
10.10 Archives 46 | 3 |
10.11 Comments received after the report was finished 46 | 3 |
11 REFERENCES 47 | 3 |
12 FURTHER READING 51 | 3 |
13 APPENDICES 61 | 3 |
1 INTRODUCTION | 4 |
2 GENERAL PRINCIPLES | 6 |
2.1 Psychoanalytic & non-psychoanalytic approaches to confidentiality | 6 |
2.2 The analyst’s responsibility for the frame/setting | 6 |
2.3 The patient’s trust that the analyst will protect confidentiality | 6 |
2.4 The possibility of unresolvable conflict between competing needs or views | 7 |
2.5 Confidentiality as an ethical & technical foundation of psychoanalysis | 7 |
2.6 Confidentiality & privacy | 7 |
2.7 Institutional & individual responsibilities | 8 |
2.8 Ethical versus legal considerations | 8 |
2.9 Psychoanalysis and the wider community | 9 |
3 PROTECTION OF PATIENTS IN THE USE OF CLINICAL MATERIAL FOR TEACHING, ORAL PRESENTATIONS, PUBLICATIONS, & RESEARCH4F | 10 |
3.1 Preliminary remarks and the problem of ‘informed consent’ | 10 |
3.2 Reducing potential and experienced harm to patients induced by the profession's scientific, technical, and ethical needs to share clinical experience | 12 |
3.3 At the institutional level: teaching | 13 |
3.4 Presentations of clinical material in congresses & other scientific events | 14 |
3.5 Publications in psychoanalytic journals and e-journals | 15 |
3.6 Psychoanalytic research | 16 |
4 CONFIDENTIALITY WHEN USING TELECOMMUNICATIONS, INCLUDING FOR REMOTE ANALYSIS & SUPERVISION | 17 |
4.1 Introduction | 17 |
4.2 Privacy in the classical setting | 17 |
4.3 Loss of privacy in telecommunicative settings | 18 |
4.4 Loss of privacy in the classical setting | 19 |
4.5 Long-term consequences | 20 |
4.6 Implications for the IPA and its members | 20 |
4.7 Measures which only appear to address the problem | 23 |
4.8 Ethical implications & some possible partial protections | 24 |
4.9 Conclusion | 25 |
5 THIRD-PARTY REQUESTS FOR A BREACH OF CONFIDENTIALITY | 26 |
6 COLLEAGUES AGAINST WHOM A COMPLAINT HAS BEEN MADE | 29 |
7 PATIENTS’ ACCESS TO FILES, INCLUDING PROCESS NOTES | 30 |
8 GENERAL CONCLUSIONS | 32 |
9 RECOMMENDATIONS24F | 34 |
9.1 Protection of patients in the use of clinical material | 34 |
At the institutional level | 34 |
Presentation of clinical material in congresses and other scientific events25F | 34 |
Psychoanalytic journals and e-journals | 35 |
Psychoanalytic research | 36 |
9.2 Telecommunications and remote analysis | 36 |
9.3 Third party requests for a breach of confidentiality | 37 |
9.4 Colleagues against whom a complaint has been made | 37 |
9.5 Patients’ access to process notes | 37 |
9.6 Psychoanalysis and the wider community | 38 |
10 COMMENTS RECEIVED BY THE COMMITTEE CONCERNING THE DRAFT VERSION OF THIS REPORT | 39 |
10.1 Introduction | 39 |
10.2 Comments on the report as a whole | 40 |
10.3 Intrinsic limitations of psychoanalytic confidentiality | 41 |
10.4 The community-of-concern approach | 42 |
10.5 Informed consent and sharing of clinical material | 42 |
10.6 Telecommunications | 43 |
10.7 Third party requests | 45 |
10.8 Child & adolescent analyses | 45 |
10.9 Analyses of candidates & colleagues | 46 |
10.10 Archives | 46 |
10.11 Comments received after the report was finished | 46 |
11 REFERENCES | 47 |
12 FURTHER READING | 51 |
Further Reading for Section 3 | 51 |
Further Reading for Section 4 | 56 |
Further Reading for Section 6 | 57 |
13 APPENDICES | 61 |
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