Privacy Laws and Guidelines (Social Sciences Essay)

Privacy Laws and Guidelines
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Privacy Laws and Guidelines
Social work records and documentation is vital in social work practice to enhance quality care and services to clients. The NASW code of ethics requires social workers to do proper documentation of records (National, 2017). In this paper, an analysis of the laws, ethical guidelines, challenges social workers face when trying to comply with state and federal laws, as well as when information can be disclosed without informed consent is provided.
Laws Influencing Handling of Case Records
Various laws control how social workers and other practitioners handle case records. One of the laws is the freedom of information act (FOIA) passed in 1996. FOIA is a federal legislation that declares that the public have a right to access information contained in the records (Sidell, 2015). The law enables increased access to electronic records such that the public can obtain information about government programs or activities or information about themselves (Sidell, 2015). All the same, FOIA ensures a balance is reached between the public right to access information and protect an individual’s right to privacy. In this regard, the law does not offer exclusive rights to public records but opens up opportunities to scrutinize government actions. Another law that controls handling of case records is privacy act of 1974. This federal legislation establishes guidelines for fair information practices in regards to collection, maintenance, use, and transfer of private records (The United States Department of Justice, 2020). The law requires agencies to provide public notice about their systems of records to ensure publication in the Federal Register. It also prohibits disclosure of information in the record without written informed consent from the individual unless the disclosure meets the twelve statutory exceptions (The United States Department of Justice, 2020). Individuals can obtain access and ability to amend their records.
Another important law is the Health Insurance Portability and Accountability Act of 1996 (HIPPA). HIPPA is a federal law that designates the development of national standards for the protection of sensitive patient health information, ensuring it is not disclosed without the client’s consent (Sidell, 2015). The laws also set measures for individuals to understand and control their health information. HIPPA strikes a balance to ensure clients can control their health information while also ensuring protection of privacy. Other laws involve federal alcohol and drug abuse records. For instance, the Confidentiality of Alcohol and Drug Abuse Patients Records (2007) ensures patients can access treatment for drug abuse and assurance that their personal information will be protected (Kagle & Kopels, 2015). Disclosure of such information can only occur after a patient gives informed consent. Finally, the Family Educational Rights and Privacy Act (FERPA) ensures protection of students records (Kagle & Kopels, 2015). Students get more control of their educational records and protects the information from disclosure by educational institut...