Secrets? An ethical issue involving cell phones

9/9/2011

Submitted by an LCSW:
Recently a client asked that I look at a video she took of an argument she had with her spouse. She videoed the argument on her cell phone without her spouse's knowledge. I did look at it, and I could see him (but not her) and I could hear both of them.

Clinically speaking, the video provided insight into the nature of the problem, but my gut says I shouldn't have looked at it. It seems wrong to look at a video of someone who has no idea he's being videoed while arguing.

Thoughts?

6 Comments

Claudia Dewane link

9/9/2011 07:26:36 am

The only guidance I can glean from the Code of Ethics is that we are not to engage in any form of deceit...and implicitly the taping was deceitful.
Your gut already told you that.

However, would it have been any different if she "transcribed" the argument? Like a process recording and asked you to read it?
Would that feel different or equally secretive? I guess the difference would be the "process recording" of the argument is HER perception and recollection...the video is somewhat invasive and breaches a confidentiality. But on the other hand, if domestic violence is involved, a video might be a smart way to go.

Questions to ask yourself: would you be comfortable documenting that you listened to the video? If not, maybe it tells you what to do next time. And other question: what would you do differently if you had to do it over? Another question: is it an ethical or legal breach? or both?

James

9/12/2011 06:43:57 am

I agree with Claudia's response. Your clinical situation raises some good questions regarding confidentiality, ethics, and clinical practice in our technologically advanced age. I had a similar client situation in which an estranged ex-spouse (part of a highly contentious custody situation) wanted to bring me a video of the child's mother during a custody exchange. I told him that I did not need to witness the video and that he could relate the situation to me verbally. Thinking back on it, I had no real guide from our Code, it just didn't 'feel' right. I don't think that our Code (or the law) addresses adequately, taping/videotaping someone without their knowledge in an age when this can be done with increased secrecy (i.e. smart phones, smaller recording devices) without detection.

barrynazar link

11/12/2011 09:41:22 am

I don't see the harm in this, so far. You did not conduct the recording. And, you do not intend to use the recording except to understand what your client is experiencing. This is evidence your client is bringing to you about their experiences. If they showed you a physical scar, that would be okay. This is something like a non-physical scar.
The danger lies when and if you might encourage your client to do such things like make unauthorized recordings of people. That makes you complicit. And it is way too easy to be encouraging just by sharing the video with any level of keen interest. Before you know it, your client may go about recording all kinds of things under the excuse; "I need to do this for my therapist."
There is one other possible hazard in this, too. Since you don't know what you're going to see, you open yourself for a world of responsibility you may not be ready for. In a sense, you become a witness to an event (ex post facto), and maybe responsible for reportable acts.

Dr, Claudia J. Dewane

11/15/2011 12:14:03 am

Thanks for the interesting analogies of visible/invisible scars. And certainly the responsibility of being a witness is certainly important. The Penn State case shows that aspect all too clearly.

Anne Stanfield-Hagert link

11/15/2011 01:13:39 am

I think that she is within ethical bounds to let the person asking for the reference( if she feels like it) and the agency know that her view, as a reference writs is that he is not qualified.... he doesnt have the knowledge necessary to do the job.. That is what a reference is about. Additional knowledge that she has from clinical sessions isnt the problem. They are not asking for clinical knowledge, even if she has it..HE is not asking for an exchange of information. It is job related and she feels that he doesnt have the qualifications..and now, using that, they make their detirmination if they agree with her on that.

Cell phone detector link

5/20/2012 03:07:52 pm

Thanks a lot for sharing this useful and attractive information and I will be waiting for other interesting posts from you in the nearest future.keep it up.

Secrets? An ethical issue involving cell phones

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