Legislative Construction of Confidentiality Exemption Rules in Psychological Counseling
Journal Title: Medicine and Philosophy - Year 2024, Vol 45, Issue 2
Abstract
The paper discusses the legislative construction of confidentiality exemption rules in psychological counseling, particularly in the context of "Mental Health Law of the People's Republic of China". This law sets foundational principles for the confidentiality obligations of psychological counselors, aligning with legal norms such as the "Civil Code of the People's Republic of China". Despite this framework, there is a lack of systematic rules for confidentiality exemptions based on practical requirements. This paper emphasizes the protection of privacy rights and the trust relationships in the professional context. It suggests that confidentiality exemptions should be guided by an individual's self-determination of privacy and the legitimacy of exemptions under the "hierarchy of rights theory". The obligations of psychological counselors are outlined, including cooperation with investigations related to public safety, the duty to warn and protect against potential harm, and mandatory reporting obligations concerning minors and mentally disabled adults. The overarching aim is to strike a balance between safeguarding privacy rights and considering broader societal interests.
Authors and Affiliations
Jing REN,Yifan ZHAO,Xiaoyong LI,
Keywords
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