Confidentiality in Crisis: Part II—Confidentiality of Treatment Records

OBJECTIVE: To discuss the implications of recent legislative changes and court decisions in Canada that have placed the privacy of psychiatric records information at risk. New areas of exposure include client access to clinical information provided by family members, parental access to children's records, and court access to clinical records in civil, criminal, and family law matters. METHOD: A review of recent legislative changes and court decisions pertaining to access to psychiatric records. CONCLUSION: At present, psychiatric records can no longer be regarded as confidential. Recent changes in the concept of privilege of treatment records necessitates several changes in psychiatric practice regarding informed consent to treatment, content of clinical records, and responses to demands for information.