Confidentiality is one of the most sacred duties in social work. Section 1.07 of the NASW Code of Ethics lays out a detailed, layered framework for how to protect client privacy — not just in conversation, but across settings, technologies, records, legal systems, and even after a client’s death.

Here’s a slightly tightened up version of the official standard:

1.07 Privacy and Confidentiality
(a) Respect clients’ right to privacy and avoid unnecessary collection of private information. Once private information is shared, confidentiality standards apply.
(b) Confidential information may be disclosed only with valid consent.
(c) Disclosure without consent is allowed only when necessary to prevent serious, foreseeable, and imminent harm. Even then, disclose only what is necessary.
(d) Clients should be informed (when possible) before disclosures are made, whether based on law or consent.
(e) Early in the relationship, clients must be informed about the nature, limits, and potential legal requirements for disclosure of confidential information.
(f–g) In family, couples, or group counseling, set clear confidentiality agreements and clarify agency policies about sharing information within or outside the group.
(h) Do not disclose information to third-party payers unless the client authorizes it.
(i) Avoid discussing confidential information in public or semi-public spaces.
(j) Protect client confidentiality during legal proceedings and advocate for limiting disclosures.
(k–l) Protect confidentiality when interacting with the media and when handling written/electronic records.
(m–o) Use strong safeguards (e.g., encryption, passwords) for electronic communications and inform clients promptly if a breach occurs.
(p–q) Avoid unauthorized online searches about clients unless there is a compelling professional reason and informed consent.
(r) Never post identifying client information online.
(s–t) Protect records during practice closures, transitions, incapacitation, or death.
(u–v) In training and consultation, avoid revealing identifying client information unless client consent is obtained or there is a compelling need.
(w) Continue protecting confidentiality even after a client’s death.

What It Means in Practice

Confidentiality is about proactive, ongoing protection. Social workers must anticipate risks to confidentiality and take meaningful steps to prevent breaches across all forms of communication and documentation.

Good practice involves:

  • Talking openly with clients about confidentiality and its limits

  • Documenting consent for disclosures

  • Limiting shared information to what is necessary

  • Using secure technology for electronic records and communications

  • Preparing for emergencies, legal challenges, and end-of-practice transitions

Confidentiality isn’t static—it’s a living promise. From intake to final documentation (and even after death), social workers must vigilantly protect client privacy across every medium and every relationship.

Key Challenges

Challenging situations which also make great content for exam question writers:

  • Emergencies vs. Confidentiality:
    Disclosure without consent is allowed only to prevent serious, foreseeable, imminent harm. Always document the reason and disclose as narrowly as possible.

  • Family/Group Settings:
    Confidentiality can’t be guaranteed when multiple parties are involved. Clients must be informed early about what can and can’t be protected.

  • Technology Risks:
    It’s not enough to simply use technology—you must secure it. This includes emails, texts, cloud storage, and telehealth platforms.

  • Breach Response:
    If confidentiality is breached (even accidentally), inform affected clients promptly, consistent with law and ethical standards.

Practice Question

Here's how this section of the code might look in an ASWB exam question:

A social worker provides family counseling to a divorcing couple. The wife later requests a copy of the husband’s statements made during an individual session conducted as part of the family work. What should the social worker do?

A. Provide the wife with a full copy of all records upon request

B. Decline to release the husband's confidential information without his consent

C. Release the information only after removing any identifying details

D. Notify the husband that the information that the information is being shared

The husband’s private disclosures during a family or group counseling process are still protected by confidentiality. The social worker cannot release that information without valid consent from the husband.

  • A would violate the husband's confidentiality rights.

  • C is misleading—removing identifiers does not eliminate confidentiality obligations in this situation.

  • D would breach ethical obligations by disregarding the husband's consent.

The best answer is B.

Get questions about confidentiality and much more on SWTP's full-length practice tests.

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May 7, 2025
Categories :
  ethics  
  practice  
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