✯✯✯ Confidentiality Assessment

Wednesday, October 20, 2021 12:27:55 AM

Confidentiality Assessment

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Confidentiality, Skills, Informed Consent, and Assessment in Behavioral Health

Our education system needs data to improve outcomes for students. Educators use data to inform instruction, empower parents and communities, and help policymakers make decisions and target resources. The question is, how do we ensure that teachers have the knowledge to make key data privacy decisions and follow best security practices? For some educators, talking about data privacy and security can be overwhelming. To help teachers feel comfortable with this topic, a first step is to ensure they understand the difference between privacy, confidentiality, and security. Most teachers are responsible for maintaining each of these components:.

When considering privacy, teachers should remember that all student personal information belongs to the student and therefore should be kept private. This information includes things like assessment results, grades, and demographic information. Confidentiality comes into play when private data is shared. Students trust their teachers to keep their data confidential and share it carefully. Finally, teachers can keep student data both private and confidential by establishing clear security practices in their classrooms. They may consider things such as how and where they share student data and how this data is accessed. Teachers need to understand how privacy, security, and confidentiality apply to their work in the classroom, specifically the data they gather.

Teachers gather and analyze data about students all year and in many ways, including anecdotal notes, test results, grades, and observations. Given the use of cloud-based tools responsive to student progress, how teachers gather and use that data is rapidly changing. Teachers should therefore consider the variety of data they gather in their classrooms:. Consider, for these different types of data, all of the moments in which educators need to prioritize student privacy. Teachers should also prioritize student security when handling login information or passwords. Only when teachers are aware of these different types of data in their classrooms can they make thoughtful data privacy decisions. Once teachers are aware of classroom data, the next step is to evaluate their own security practices.

When teachers choose secure online tools to use with students, safely store student data, or teach students best practices for keeping their own data private and secure, they are creating the best line of defense. Consider the following ideas for secure data storage:. Some of these practices can help teachers keep student data confidential. For example, when sharing documents with a tool like Google Drive, teachers should double check who they share the document with and the rights each individual has view, edit, or suggest. This will ensure that only those who have an educational need are able to access the documents. Other practices can keep student data secure.

Some are physical measures such as not using external storage devices like flash USB drives, which can easily be misplaced or stolen, and using a screen lock with features such as password protection, fingerprint access, or even facial recognition. Other practices are technical measures, such as using only approved cloud storage and email services. Some school districts have even carefully vetted their preferred and required tools and services to ensure that student data is secure; therefore, teachers should use only these tools. The doctor-patient relationship exists whenever a person seeks medical advice or treatment from a doctor and have a reasonable expectation of privacy.

The doctor-patient relationship and privacy expectation do need to be expressly stated or put in writing. The relationship and confidentiality can be implied based on the circumstances. However, if you are talking to a doctor at a party and you ask for his or her opinion about a medical issue, there would not be a doctor-patient relationship and no confidentiality applies. This means that confidentiality not only applies to things you might tell your doctor, but it also covers any conclusions, theories, or opinions that your doctor might form in connection with your medical treatment. The confidentiality of patient communications is not limited to conversations between patient and doctor.

Your medical records e. In other words, if your doctor shares ANYTHING about you without your consent it will be a breach of confidentiality unless there is some exception under state law. Exceptions to doctor-patient confidentiality under state law require doctors to share confidentiality information in certain situations based on public policy concerns. For example, doctors in Maryland are obligated to breach confidentiality to report signs of child abuse.

In other states, such as New York, hospitals are legally obligated to report gunshot victims. In addition to state law exemptions, sometimes patients may give consent to sharing confidential information without even realizing it. May doctors require new patients to sign agreements that give them consent to share patient information. These waiver forms are usually limited in scope, however, and only allow doctors to disclose patient information when necessary and reasonable. The rules of doctor-patient confidentiality change drastically when you file a medical malpractice lawsuit.

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