3. Confidentiality
Principle: Interpreters treat as confidential all patient information learned in their professional practice, while observing relevant legal or institutional requirements regarding disclosure.
Standards of Practice
3.1 Interpreters only share patients' healthcare information learned during their professional practice with members of the patient's health care team who have a need to know.
Prompt: If I am asked to share information, is the person asking part of the patient's health care team, and do they have a legitimate need to know?
Example: Interpreters redirect questions about a patient from the family members, friends, and neighbors to the patient themself.
See more examples & commentary
3.2 Disclose information learned outside the clinical setting about patients only with the patient's consent, unless disclosure is necessary to prevent a risk of serious harm to the patient or others.
Prompt: Have I made every effort to encourage the patient to share the information themselves? Is sharing this information without the patient's permission legally required or necessary to prevent serious harm?
Example: A specialist asks the patient to follow up in 6 months because she is stable on the current medication dose. The interpreter knows the patient is pregnant, but the topic has not come up. The interpreter knows specialists for this patient's condition usually see pregnant patients every 2 weeks because the medication dose often needs adjustments during pregnancy. The interpreter asks the patient if they are willing to share that they are pregnant, and the patient does. The specialist asks the patient to schedule a 2-week follow up appointment.
See more examples & commentary
3.3 Learn the current legal and institutional requirements related to confidentiality.
Prompt: Have I researched the legal and institutional requirements in the country where I interpret?
Examples: Interpreters read about Title VI, of the Civil Right Act of 1964, HIPAA, and ADA.
See more examples & commentary
3.4 Take all actions available to interpreters to secure patient confidentiality in their work setting.
Prompt: Are the audio and visual portions of the interpreted encounter protected?
Examples: Remote interpreters create a private home-office/workspace, so the interpreted encounter is not overheard or observed.
See more examples & commentary
3.5 Ensure that all note-taking tools we use are HIPAA compliant.
Prompt: Can written or computerised notes, or any other records of the interpreted encounter be completely erased at the end of the encounter?
Examples: Interpreters make sure their notes are secure and can be disposed of after the session in accordance with HIPAA "safe harbor" guidance.
See more examples & commentary
3.6 Omit all identifying information when speaking about our work.
Prompt: What information do I need to leave out to protect all the participants in an encounter before discussing the case with colleagues, or presenting at a conference?
Illustrative Examples: When debriefing with colleagues, interpreters remove all information that identifies the patient, provider, or institution.
See more examples & commentary
3.6 Seek legal guidance to understand their ethical responsibility and ensure legal protection for everyone involved when receiving a legal request to share information.
Prompt: What guidance is available to me before sharing patient information to understand what is legally required?
Example: If subpoenaed to give evidence about a prior interpretation, interpreters ask their manager to connect them with the employer's legal team for guidance regarding confidentiality and more.