Confidentiality Rules Research Articles

Formality or Reality: Student Teachers' Experiences of Ethical Dilemmas and Emotions During the Practicum.

The main purpose of the study was to explore Chinese student teachers’ experience during their practicum and what they reported as ethical dilemmas and how these experiences affected them in terms of professional development as well as emotional well-being. Through the analysis of qualitative data collected from forty-three participants’ interviews, this study identified six most commonly reported ethical dilemmas, including: formal curriculum versus informal and hidden curriculum; family agenda versus educational standards; loyalty to colleagues versus school norms; confidentiality versus school rules; conformism dilemmas and red-envelope dilemmas and found that dilemmas about formal curriculum versus informal and hidden curriculum were the dominant workplace ethical dilemma for student teachers. The results also showed that the majority of the student teachers reported experiencing negative emotions or painful memories, which may hinder their development of professional competencies and overall wellbeing. Thus, the study argues that student teachers’ frequent encounters with ethical dilemmas highlight the challenges faced by teacher educators in transferring knowledge between university and school environments, and student teachers should be equipped with essential emotional regulation strategies that could benefit them in their future work.

Adolescent Consent and Confidentiality: Complexities in Context of the 21st Century Cures Act.

Adolescent Consent and Confidentiality: Complexities in Context of the 21st Century Cures Act.

Locational error in the estimation of regional discrete choice models using distance as a regressor

In many microeconometric studies distance from a relevant point of interest (such as a hospital) is often used as a predictor in a regression framework. Confidentiality rules, often, require to geo-mask spatial micro-data, reducing the quality of such relevant information and distorting inference on models’ parameters. This paper extends previous literature, extending the classical results on the measurement error in a linear regression model to the case of hospital choice, showing that in a discrete choice model the higher is the distortion produced by the geo-masking, the higher will be the downward bias in absolute value toward zero of the coefficient associated to the distance in the models. Monte Carlo simulations allow us to provide evidence of theoretical hypothesis. Results can be used by the data producers to choose the optimal value of the parameters of geo-masking preserving confidentiality, not destroying the statistical information.

СУЧАСНІ ТЕНДЕНЦІЇ ЦИФРОВОГО МАРКЕТИНГУ ТА ЇХ ВПЛИВ НА ФОРМУВАННЯ МАРКЕТИНГОВОЇ СТРАТЕГІЇ

The article has dealt with the current trends of communication aspects of company’s relations with the customers. The emphasis is placed on the necessity to review the companies’ marketing strategies, in particular, due to communication constraints and the corresponding changes in the format of both direct and feedback with the customers. Restrictive measures have changed the format of competition, having created the conditions for its concentration in cyberspace. Changes in the nature of interpersonal communication predetermined by the limited personal activity and the introduction of remote forms of interaction, have generated demand for innovative ways of communication with customers. Other factors that require the adjustment of marketing strategies include the emergence of new behavioral capabilities of consumers associated with the intensive development of digital communication channels. It has been noted that in the digital communication environment, digital platforms provide the main format of communication with the existing customer base and potential customers. In addition, prompt acquisition and processing of data on purchasing behavior of customers allows companies to increase significantly the “sensitivity” of marketing research and optimize their own marketing decisions. Among the areas of increasing targeting and personalization of product offerings, the use of elements of artificial intelligence and voice search has been accentuated. Moreover, the use of artificial intelligence greatly facilitates and simplifies the work of marketers on the processing and initial analysis of the growing flow of digital marketing data, as well as provides greater efficiency. It has been concluded that widespread use of voice assistants in e-commerce requires companies to rethink radically their approaches to internal data processing, IT investment and customer engagement strategies. Active integration of chatbots into various communication platforms is able to make them universal tools for both business and consumers, which will allow them to become a familiar part of the user experience. Implementation of virtual reality and augmented reality elements in the interface of company websites can significantly diversify the process of collecting information by users and push them to unplanned purchases. It has been indicated that the growing standards of personalization and new rules of customer confidentiality will continue to require companies to be flexible and introduce new technologies in order to adapt permanently their business to new conditions. Focusing on building trust with customers based on digital communications will enable companies to create a long-term integrated marketing strategy and concentrate on the multi-channel nature of customer experience.

Central registries: What are they? Part 1

For the first time in years — decades — light was shed on central registries last month. Central registries were created to prevent dual enrollment in opioid treatment programs (OTPs). States which had central registries at all, managed them or contracted them out. Central registries were born of the confidentiality rule, 42 CFR Part 2, making an exemption for sharing patient information so that patients would not go to more than one methadone program at a time. And for decades they went along doing their job (especially in New York state, where the central registry is ironclad in terms of protecting patient data).

Regards croisés sur l’éthique dans la publication de cas cliniques

À l’ère du numérique et de l’accès facilité aux articles scientifiques sur internet, nous proposons de questionner la mise en tension éthique créée par la publication d’un cas clinique. Le désir et le devoir du travail scientifique prévalent-ils sur la règle de discrétion imposée par la thérapie ? Inversement, le secret professionnel justifie-t‑il d’empêcher le partage de la réflexion psychanalytique ? La pertinence d’une publication et ses effets sur la psychothérapie seront étudiés. Dans ce contexte, le thérapeute se retrouve pris entre le modèle calqué sur la recherche biomédicale qui exige la demande d’un consentement libre et éclairé, et la règle fondamentale de confidentialité qui favorise la libre association. Il paraît alors nécessaire d’interroger chaque situation clinique dans sa singularité en envisageant la dimension transféro-contretransférentielle.

Analyzing the key rules as well as the approach taken towards confidentiality and privacy in arbitration

This paper conducts a general exposition of rules on confidentiality and privacy in Arbitration as well as the impact of public Interest and Transparency on Confidentiality in Arbitration. Then the paper looks at confidentiality rules in Arbitration Associations and conducts an analysis of the implications of the use of online Arbitration on confidentiality.

Legal, social and ethical analysis on compulsory DNA collection in the forensic sciences of Albania

“DNA fingerprinting” through the taking of blood and other secretions of the human body is considered as one of the most revolutionary advances in forensic identification and is of particular interest to forensic medicine. Although DNA identification has to do with personal identity, it is possible to test the material for this examination, from respective laboratories, together with the DNA on the whole. In contrast to fingerprinting (the science of fingerprints, used in forensic practice to identify a person, since the early 1900s), the forensic use of DNA samples for identification requires more care because it risks compromising the privacy and individual freedoms. It is therefore necessary that these examinations strictly respect the ethical rules of consent and confidentiality. In our country, where DNA examinations for resolving criminal and civil cases have started to be performed by the scientific police institute, only after the 2000s, this type of examination was not provided in the 1995 Code of Criminal Procedure. Article 199 of this code only stated that in relation to blood sampling, it can be performed even without the will of the person, if there is no risk to health. Then in 2017, in an amendment of this code, in article 201 / a, is presented the detailed procedure that must be observed for taking samples of blood and other tissues of the human body for performing DNA analysis, where first of all, the consent of the person to be examined must be respected, without excluding the possibility of taking them compulsorily. In this study, the authors, after the presentation of some features of DNA uses in forensic sciences, analyze in detail the important issue of consent and confidentiality, which reflect the principle of independence of the person in the fields of medical sciences, compared to that of consent and confidentiality in criminal matters, including that of DNA analysis. In conclusion, it is emphasized that the application in Albania of DNA analysis in criminal and civil cases requires great care in implementing the procedures set out in the relevant legislation, including the principles of consent and confidentiality in obtaining and storing their data for respecting human rights and preserving human dignity.

Resuscitation with an AED: putting the data to use.

The increased use of the automated external defibrillator (AED) contributes to the rising survival rate after sudden cardiac arrest in the Netherlands. When used, the AED records the unconscious person’s medical data (heart rhythm and information about cardiopulmonary resuscitation), which may be important for further diagnosis and treatment. In practice, ethical and legal questions arise about what can and should be done with these ‘AED data’. In this article, the authors advocate the development of national guidelines on the handling of AED data. These guidelines should serve two purposes: (1) to safeguard that data are handled carefully in accordance with data protection principles and the rules of medical confidentiality; and (2) to ensure nationwide availability of data for care of patients who survive resuscitation, as well as for quality monitoring of this care and for related scientific research. Given the medical ethical duties of beneficence and fairness, existing (sometimes lifesaving) information about AED use ought to be made available to clinicians and researchers on a structural basis. Creating a national AED data infrastructure, however, requires overcoming practical and organisational barriers. In addition, further legal study is warranted.

Decision-making processes of a nurse working in mental health, regarding disclosure of confidential personal health information of a patient assessed as posing a risk

Background Nurses working in mental health routinely face difficult decisions regarding confidentiality and disclosure of patient information. There is public interest in protecting patient confidentiality, and there is a competing public interest in disclosing relevant confidential information to protect the patient or others from harm. However, inappropriate disclosures may constitute a breach of confidentiality. Despite the gravity of this situation, there is a paucity of literature to guide nurses’ decision-making processes regarding confidentiality and disclosure. Aim To examine decision-making processes of a nurse working in mental health, regarding disclosure of personal health information of a patient assessed as posing a risk. Methods Qualitative interpretivist approach using thematic analysis of data derived from an instrumental case study of NK v Northern Sydney Central Coast Area Health Service 2010, a Civil and Administrative Tribunal matter in New South Wales, Australia. Findings Three important legal concerns relevant to nurses’ decision-making processes are illuminated. Firstly, for risk assessment there was an emphasis on a static notion of dangerousness. Secondly, rules of confidentiality and disclosure were not adequately observed. Thirdly, confidential information was disclosed without valid justification. Discussion Inappropriate decision-making processes that may lead to a breach of patient confidentiality were evident in the findings. Gaps in understanding nurses’ decision-making processes pertaining to confidentiality and disclosure of patient information that may be addressed by future research were also revealed. Conclusion Future research that addresses gaps in understanding nurses’ decision-making processes identified by this instrumental case study would provide greater guidance for nurses when making decisions regarding confidentiality and disclosure related to risk.

Thinking Outside the Silos: Information Sharing in Medical–Legal Partnerships

Medical–legal partnerships (MLPs) allow providers to address patients’ health-harming legal needs through partnerships with lawyers. MLPs are most successful in addressing the complex needs of vulnerable populations when clinicians, social workers, and other care team members regularly communicate with the MLP lawyer. Privacy laws and professional rules of conduct governing patient/client confidentiality, however, potentially hinder this exchange of patient-client information. MLP attorneys may be reluctant to share relevant information about a client with the medical partner for fear that doing so would breach client confidentiality or result in an ill-advised waiver of attorney–client privilege. Similarly, privacy concerns may lead providers to limit MLP attorneys’ access to patients’ medical information. Drawing on the real-world experiences of MLP professionals, this article explores whether legal and ethical obligations impede the sharing of patient-client information between MLPs’ medical and legal partners. Our research indicates that at present patient/client confidentiality rules generally do not pose a significant barrier to doing so. However, current legal and professional standards may frustrate emerging advanced care coordination models that pair MLPs with care teams that comprehensively address a broad range of social, economic, and behavioral health needs. We therefore recommend continued monitoring and discussion of the issue.

PDMPs grapple with new confidentiality rules for methadone patients

Methadone patients are facing the real possibility that, for the first time, their information will go into the state's prescription drug monitoring program (PDMP), but PDMPs themselves are confused about exactly how to go about making sure patients consent to the release of the information, ADAW has learned. Under the final rule, which took effect Aug. 14, amending 42 CFR Part 2, opioid treatment programs (OTPs) are now allowed to send patient information to the PDMP, but the final rule and the law still hold that patients must consent to the release of this information first.

Was Employer's Confidentiality Rule Lawful?

The National Labor Relations Board recently held in Interstate Management Company, 369 NLR No. 84 (2020), that an employer's confidentiality rule that barred employees from disclosing employee names and contact information was lawful as a “Category 2” rule under Boeing.

Regimen tributario preferencial. Ganancias corporativas de empresas de comercio exterior en la región Asia-Pacífico

El objetivo de la investigación es contribuir al comercio internacional y la inversión extranjera en la región Asia-Pacífico mediante el uso de regímenes fiscales preferenciales a las ganancias corporativas de empresas de comercio exterior.
 
 La metodología compara jurisdicciones fiscales de Asia y de países OCDE aplicados a casos de estudio. Aborda, en primer lugar, la constitución de sociedades de responsabilidad limitada, los marcos de inversión y moneda extranjera y los impuestos sobre ganancias corporativas en Hong Kong. En segundo término, profundiza en compañías offshore constituidas en Delaware, la documentación de propiedad de derechos en la compañía y en las reglas de confidencialidad de identidad de sus accionistas. Por último, examina dos casos de estudio que involucran a compañías con responsabilidad limitada y la entrega de productos importados destinados a la venta en el mercado de China continental.
 
 La investigación concluye la constitución de sociedades de responsabilidad limitada en el extranjero como parte de una planificación fiscal destinada a promover empresas que obtienen ganancias corporativas en exportación al mercado chino y/o que adquieren bienes de capital no destinados a jurisdicciones offshore.

Lowe's Fails to Establish Justification for Salary Confidentiality Rules

Management Report for Nonunion OrganizationsVolume 43, Issue 4 p. 2-2 News Lowe's Fails to Establish Justification for Salary Confidentiality Rules First published: 10 March 2020 https://doi.org/10.1002/mare.30583Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinked InRedditWechat No abstract is available for this article. Volume43, Issue4April 2020Pages 2-2 RelatedInformation

Contesting the European Central Bank in Banking Supervision: Accountability in Practice at the European Parliament

AbstractThe establishment of the Single Supervisory Mechanism (SSM) raised expectations regarding the ability of the European Parliament (EP) to hold the European Central Bank (ECB) accountable for its decisions. This article examines the accountability interactions between the two institutions in the first years of the functioning of the SSM (2013–18). The focus is on the extent to which the EP contests ECB supervisory decisions in practice through letters and public hearings. The analysis shows a frequently‐used infrastructure of political accountability that is however limited in ensuring the contestation of ECB conduct in banking supervision. The study identifies problems with the performance of the EP as an accountability forum and with the tight confidentiality rules of the SSM, which allow the ECB to silence contestation on many politically salient issues. The findings are based on an innovative analytical framework on the study of accountability interactions.

31.2 DOES WHAT HAPPENS IN THE EMERGENCY DEPARTMENT STAY IN THE EMERGENCY DEPARTMENT? ADDRESSING SUICIDE IN EMERGENCY PSYCHIATRY FOR TRANSITIONAL-AGE YOUTH (TAY)

The number of emergency department (ED) encounters related to suicide and transitional-age youth (TAY) continued to increase over the span of the past decade. The objective of this presentation is to draw attention to unique considerations for the emergency child and adolescent psychiatrist in the evaluation of suicide risk in the TAY population, including rules of confidentiality, engagement of family, external support systems such as schools, and TAY with special needs.

Disclosure of confidential information by mental health nurses, of patients they assess to be a risk of harm to self or others: An integrative review.

There is a duty of confidentiality on the part of mental health nurses when they handle confidential patient information. Nonetheless, it may be necessary to disclose confidential information of a patient if the patient is assessed as being a risk to self or others, to protect the patient or others from harm. However, disclosing information inappropriately may constitute a breach of confidentiality. There is a paucity of information on how mental health nurses understand the rules of confidentiality when deciding to withhold or disclose confidential information in these circumstances. An integrative review of the literature was undertaken to explore the disclosure of confidential information by mental health nurses when they assess a patient as being a risk of harm. The findings indicate the rules of confidentiality are not well understood, or are not adhered to by mental health nurses. Risk assessments were found to underpin deliberations to withhold or disclose confidential information of a patient, despite risk being difficult to predict with any certainty. For risk assessment, mental health nurses were noted to prefer their unstructured clinical judgement over actuarial methods; and defer to their clinical intuition over scores of a structured risk assessment instrument, when making structured clinical judgement-backed decisions in this area of their practice. Gaps in the literature that may be addressed by future empirical research were revealed during this integrative review.

Exploring Missouri's New, Innovative, and Multilayered Health Data Suppression Rules

ObjectiveBy the end of this session, users will be able to describe the innovative and multilayered suppression rules that are applied to Missouri's homegrown health data web query system. They will also be able to use the lessons learned and user feedback described in the session to facilitate discussions surrounding the application of suppression to their specific data systems.IntroductionIn Spring 2017, the Missouri Department of Health and Senior Services (MODHSS) launched the Missouri Public Health Information Management System (MOPHIMS) web-based health data platform. Missouri has supported a similar data system since the 1990s, allowing the public, local public health departments, and other stakeholders access to community level birth, death, and hospitalization data (among other datasets). The MOPHIMS system is composed of two separate pieces. Community Data Profiles are topic-, disease-, or demographic-specific reports that contain 15-10 indicators relevant to the report. Because these static reports are developed in-house a multilayered suppression rule is not required. The second piece of MOPHIMS, the Data MICAs, or Missouri Information for Community Assessent, can be used to create customized datasets that slice and dice up to a dozen demographic and system-specific variables to answer complex research questions.The MOPHIMS interface features, among other things, a new and innovative method for addressing confidentiality concerns through the suppression of health data. This pioneering approach integrates multi-level logic that uses inner and outer cell analytics, the use of exempt and conditionally exempt variables, and multiple levels of user access. Moving beyond a simple model of suppressing any values below a certain threshold, MOPHIMS takes a bold step in providing users exceptionally granular data while still protecting citizen privacy.MethodsIn order to implement this new suppression methodology, MODHSS worked with both internal information technology resources (OA-ITSD) and outside contractors to develop the suppression rules utilized in the Data MICAs. Before these meetings began, MODHSS analysts met weekly to determine the overall goals and frames for the rule, knowing that writing the code to implement the complicated and comprehensive vision would be a collaborative and iterative process. Because the MOPHIMS system is homegrown and this specific confidentiality process is not currently utilized (to our knowledge) elsewhere, all of those at the discussion table were required to be innovative, open to criticism, and willing to engage in extremely detailed explanations. A team of users from Missouri’s local public health departments provided feedback throughout this process.A basic description of the process flow that occurs before suppression is applied in MOPHIMS follows. To begin, de-identified record-level data are loaded into online analytical processing (OLAP) cubes and relational databases. No suppression is applied to these back end databases. The information is then aggregated for display on the front end screens of the Data MICAs based on customized user selections. Depending upon which level of access a user has logged in, suppression is then applied to the data output generated using these customized selections. Not only are the rules applied to data tables but also to the MOPHIMS data visualization tools, which include multiple types of charts and maps.ResultsIn addition to the rules themselves, MOPHIMS contains a mechanism that allows users to log in at different levels of access. Public and Registered user levels are free and available to all operators with a valid e-mail address. Partner level access is reserved for epidemiologists at the state and local level who are using the Data MICAs for program planning, evaluation, and grant writing. Because these individuals are required to adhere to the same data dissemination policies as those who create the MOPHIMS system, Partner level access turns off suppression in the MOPHIMS system. Values that would be suppressed at the Public or Registered user levels are shown in italicized, red font. A multi-level approval process is required for individuals to obtain Partner level access to MOPHIMS.ConclusionsMODHSS created an innovative suppression system that allows public health planners to access granular data through customizable queries without risking a confidentiality breach. Users have indicated this is highly preferable to a blanket suppression rule that hides any value under a certain threshold. Additionally, approved MOPHIMS users can view specially formatted values that would otherwise have been suppressed. The flexibility associated with creating a homegrown web query system has allowed the formation and implementation of this multilayered rule, which likely would not have been possible if using an off-the-shelf product. Data disseminators are encouraged to review current confidentiality and suppression rules to determine whether they might be modified to provide more granular data users while still protecting the privacy of citizens.

The Right to Communications Confidentiality in Europe: Protecting Privacy, Freedom of Expression, and Trust

Abstract In the European Union, the General Data Protection Regulation (GDPR) provides comprehensive rules for the processing of personal data. In addition, the EU lawmaker intends to adopt specific rules to protect confidentiality of communications, in a separate ePrivacy Regulation. Some have argued that there is no need for such additional rules for communications confidentiality. This Article discusses the protection of the right to confidentiality of communications in Europe. We look at the right’s origins to assess the rationale for protecting it. We also analyze how the right is currently protected under the European Convention on Human Rights and under EU law. We show that at its core the right to communications confidentiality protects three individual and collective values: privacy, freedom of expression, and trust in communication services. The right aims to ensure that individuals and organizations can safely entrust communication to service providers. Initially, the right protected only postal letters, but it has gradually developed into a strong safeguard for the protection of confidentiality of communications, regardless of the technology used. Hence, the right does not merely serve individual privacy interests, but also other more collective interests that are crucial for the functioning of our information society. We conclude that separate EU rules to protect communications confidentiality, next to the GDPR, are justified and necessary.