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Sport and Exercise Psychology Review - Sport Psychology Goes to ...

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Issues of Confidentiality, Privacy <strong>and</strong> Privilege<br />

of sport psychologists working at this organisational<br />

level (i.e., sports medicine groups)<br />

<strong>and</strong> the different entry points for interventions<br />

see Andersen <strong>and</strong> Brewer (1995).<br />

I also know of many cases where coaches<br />

contact a sport psychologist <strong>to</strong> work with athletes,<br />

but also ask for service <strong>and</strong> feedback<br />

on their coaching <strong>and</strong> how they can better<br />

communicate with individual athletes. Couple<br />

that scenario with a team manager h<strong>and</strong>ling<br />

payment, <strong>and</strong> we end up with the sport<br />

psychologist serving several masters. Who<br />

gets <strong>to</strong> know what? Certainly a coach could<br />

benefit from knowing that a certain athlete<br />

responds better <strong>to</strong> kicks up the bum than <strong>to</strong><br />

pats on the back, but telling a coach what an<br />

athlete needs still requires permission from<br />

the athlete. Most parents love their children<br />

<strong>and</strong> want the best for them, <strong>and</strong> many have<br />

strong needs <strong>to</strong> know what is happening with<br />

their offspring. Subtle, <strong>and</strong> not so subtle,<br />

pressures from parents <strong>to</strong> obtain information<br />

from the sport psychologist about their<br />

children are some of the most frequently<br />

encountered confidentiality quagmires my<br />

students face. Managers holding the purse<br />

strings would certainly want <strong>to</strong> know about<br />

what value they are getting for their money<br />

<strong>and</strong> what changes in athletes, team environments<br />

<strong>and</strong> coaching practices are in the<br />

works. See the section below on the training<br />

of sport psychologists regarding how <strong>to</strong> talk<br />

<strong>to</strong> coaches, <strong>and</strong> by extrapolation, <strong>to</strong> administra<strong>to</strong>rs<br />

<strong>and</strong> parents about the issues of confidentiality<br />

<strong>and</strong> privacy in service delivery.<br />

Privilege<br />

Privilege is actually a legal term associated<br />

with confidentiality. Laws in many countries<br />

require people <strong>to</strong> testify in court so that all of<br />

the information that can possibly be obtained<br />

on a particular case is brought <strong>to</strong> light. However,<br />

legal systems do recognise that there are<br />

special relationships intimately associated<br />

with (usually) constitutional rights <strong>to</strong> privacy,<br />

<strong>and</strong> information revealed in such relationships<br />

comes under the aegis of ‘privileged<br />

communication’. Examples of these special<br />

relationships include: husb<strong>and</strong> <strong>and</strong> wife (in<br />

some countries even same-sex partners); clergy<br />

<strong>and</strong> those in confession or pas<strong>to</strong>ral care;<br />

physicians <strong>and</strong> patients; solici<strong>to</strong>rs (lawyers)<br />

<strong>and</strong> clients; <strong>and</strong> psychotherapists (psychologists,<br />

psychiatrists, counsellors, social workers)<br />

<strong>and</strong> those they help. The issue of<br />

privilege may come up for sport psychologists<br />

in cases of malpractice or other instances<br />

where progress notes are subpoenaed, or the<br />

psychologist is asked <strong>to</strong> testify for or against a<br />

current or past client.<br />

Violations of, <strong>and</strong> exceptions <strong>to</strong>, the<br />

principle of confidentiality<br />

The seemingly innocuous. Coaches often mistakenly<br />

believe that psychological testing can<br />

predict who will be good competi<strong>to</strong>rs. Some<br />

sport psychologists comply with coaches’<br />

wishes <strong>to</strong> test their athletes, <strong>and</strong> present<br />

coaches with psychometric results. Usually<br />

consent is obtained from athletes <strong>to</strong> pass on<br />

results, sometimes it is not. Even when consent<br />

is given (see below), how truly free is the<br />

athlete <strong>to</strong> grant such consent? And if coaching<br />

decisions, such as selection, amount of<br />

playing time, or position on the team are<br />

based, in part, on tests results being made<br />

available, then the dictum of ‘do no harm’<br />

may be violated. The other ethical issue in<br />

this case is the misuse of psychometric instruments,<br />

but that <strong>to</strong>pic would require a whole<br />

paper in itself (cf. Sechrest et al., 1996; Schutz<br />

& Gessaroli, 1993).<br />

The casual mention of a famous athlete’s<br />

name as a person one has worked with also<br />

seems innocuous enough. This name-dropping,<br />

without permission, is, however, a<br />

breach of confidentiality. As stated in Section<br />

4 of the British Psychological Society’s<br />

(1993) code of conduct, covering confidentiality,<br />

psychologists shall:<br />

convey personally identifiable information<br />

obtained in the course of professional work <strong>to</strong><br />

others, only with the expressed permission of<br />

those who would be identified, (subject always<br />

<strong>to</strong> the best interests of recipients of services<br />

or participants in research <strong>and</strong> subject <strong>to</strong><br />

the requirements of law <strong>and</strong> agreed working<br />

practices)<br />

<strong>Sport</strong> & <strong>Exercise</strong> <strong>Psychology</strong> <strong>Review</strong> Vol 1 No 2 7

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