Privacy and privilege: Patients', professionals', and the public's rights

Conflict between the individual's right to privacy and the public's right to know is increasing as insurance companies and other third parties are demanding more information about patients and clients and data banks are storing it for retrieval and later use. Social workers are ethically bound to protect the privacy of their relationships with patients and clients and the confidentiality of their communications. But there are situations in which the obligation to society is deemed greater than the individual's right to privacy, and even in states in which their patients' and clients' communications are granted privilege by law, the social worker can be required by law to divulge confidential information or risk being held in contempt of court. This paper will discuss the individual's right to privacy, privilege and its exceptions, and present examples of court decisions related to these issues.