American Psychological Association Calls for Immediate Halt to Sharing Immigrant Youths' Confidential Psychotherapy Notes with ICE

American Psychological Association
Press Release
Released 17 Feb 20

The American Psychological Association expressed shock and outrage that the federal Office of Refugee Resettlement has been sharing confidential psychotherapy notes with U.S. Immigration and Customs Enforcement to deny asylum to some immigrant youths.

“ORR’s sharing of confidential therapy notes of traumatized children destroys the bond of trust between patient and therapist that is vital to helping the patient,” said APA President Sandra L. Shullman, PhD. “We call on ORR to stop this practice immediately and on the Department of Health and Human Services and Congress to investigate its prevalence. We also call on ICE to release any immigrants who have had their asylum requests denied as a result.”

APA was reacting to a report in The Washington Post focused largely on the case of then-17-year-old Kevin Euceda, an asylum-seeker from Honduras whose request for asylum was granted by a judge, only to have it overturned when lawyers from ICE revealed information he had given in confidence to a therapist at a U.S. government shelter. According to the article, other unaccompanied minors have been similarly detained as a result of ICE’s use of confidential psychotherapy notes. These situations have also been confirmed by congressional testimony since 2018.

Unaccompanied minors who are detained in U.S. shelters are required to undergo therapy, ostensibly to help them deal with trauma and other issues arising from leaving their home countries. According to the Post, ORR entered into a formal memorandum of agreement with ICE in April 2018 to share details about children in its care. The then-head of ORR testified before Congress that the agency would be asking its therapists to “develop additional information” about children during “weekly counseling sessions where they may self-disclose previous gang or criminal activity to their assigned clinician,” the newspaper reported. The agency added two requirements to its public handbook: that arriving children be informed that while it was essential to be honest with staff, self-disclosures could affect their release and that if a minor mentioned anything having to do with gangs or drug dealing, therapists would file a report within four hours to be passed to ICE within one day, the Post said.

"For this administration to weaponize these therapy sessions by ordering that the psychotherapy notes be passed to ICE is appalling,” Shullman added. “These children have already experienced some unimaginable traumas. Plus, these are scared minors who may not understand that speaking truthfully to therapists about gangs and drugs – possibly the reasons they left home – would be used against them.”

Do research ethics need updating for the digital age?

By Michael W. Ross, PhD, MD, MPH
The Monitor on Psychology
October 2014, Vol 45, No. 9
Print version: page 64

Over a week in early January 2012, the news feeds of more than 600,000 Facebook users changed subtly: Without users' knowledge, researchers manipulated the feeds' emotional content to examine how Facebook friends' emotions affected one another.

The study on "massive-scale emotional contagion through social networks" (PNAS, June 17, 2014) generated significant debate in both public and scientific spheres. Much of this debate centered on ethical aspects of the study. In an editorial, even the journal's editor-in-chief voiced concern that the "collection of the data by Facebook may have involved practices that were not fully consistent with the principles of obtaining fully informed consent and allowing participants to opt out" (Verma, 2014).

There has been extensive and incisive debate about the ethical and scientific issues arising from the study.

The entire article is here.

Ethical Dilemmas of Confidentiality with Adolescent Clients: Case Studies from Psychologists

Rony E. Duncan, Annette C. Hall, Ann Knowles
Ethics & Behavior 
DOI:10.1080/10508422.2014.923314

Abstract

Navigating limits to confidentiality with adolescent clients can be ethically and professionally challenging. This study follows on from a previous quantitative survey of psychologists about confidentiality dilemmas with adolescents. The current study used qualitative methods to explore such dilemmas in greater depth. Twenty Australian psychologists were interviewed and asked to describe an ethically challenging past case. Cases were then used to facilitate discussion about the decision-making process and outcomes. Interviews were transcribed and analysed using interpretive content and thematic analysis. Three key findings are discussed. First, it is of little use to perceive confidentiality dilemmas as binary choices (breach/don’t breach) because psychologists described five distinct options. These can be conceptualised on a spectrum of varying degrees of client autonomy, ranging from ‘no disclosure’ (highest client autonomy) to ‘disclosure without the client’s knowledge or consent’ (lowest client autonomy). Second, confidentiality dilemmas often involve balancing multiple and conflicting risks regarding both immediate and future harm. Third, a range of strategies are employed by psychologists to minimise potential harms when disclosing information. These are primarily aimed at maintaining the therapeutic relationship and empowering clients. These findings and the case studies described provide a valuable resource for teaching and professional development.

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1. It is of little use to conceptualise confidentiality as a binary choice.

2. Reaching a final decision about confidentiality dilemmas often entails balancing multiple and conflicting risks.

3. Participants demonstrated significant practice wisdom about how to negotiate confidentiality with adolescents in a manner that minimises harm.

The entire article is here.

Scholars call for new ethical guidelines to direct research on social networking

By Jennifer Sereno
University of Wisconsin-Madison News
Originally published January 2013

The unique data collection capabilities of social networking and online gaming websites require new ethical guidance from federal regulators concerning online research involving adolescent subjects, an ethics scholar from the Morgridge Institute for Research and a computer and learning sciences expert from Tufts University argue in the journal Science.

Increasingly, academics are designing and implementing research interventions on social network sites such as Facebook to learn how these interventions may affect user behavior, knowledge, attitudes and psychological health. Online games are being used as research interventions. However, the ability to mine user data (including information about Facebook "friends"), sensitive personal information and behavior raises concerns that deserve closer ethical scrutiny, say Pilar Ossorio and R. Benjamin Shapiro.

Ossorio is a bioethics scholar-in-residence at the Morgridge Institute, a private, nonprofit biomedical research institute on the University of Wisconsin-Madison campus. She also holds joint appointments as a professor of law and bioethics at the University of Wisconsin Law School and the School of Medicine and Public Health. Shapiro is an assistant professor in computer science and education at Tufts, where he is a member of the Center for Engineering Education and Outreach. He previously held appointments in educational research at Morgridge and the Wisconsin Institute for Discovery.

"Given the unprecedented ability of online research using social network sites to identify sensitive personal information concerning the research subject and the subject's online acquaintances, researchers need clarification concerning applicable ethical and regulatory standards," Ossorio says. "Regulators need greater insights into the possible benefits and harms of online social network research, and researchers need to better understand the relevant ethical and regulatory universe so they can design technical strategies for minimizing harm and complying with legal requirements."

For instance, Ossorio says, researchers may be able to design game features that detect player distress and respond by modifying the game environment, and marry those features to data collection technologies that maximally protect users' privacy while still offering useful data to researchers.

Consent for online research is tricky, particularly when it involves minors. Under Shapiro and Ossorio's analysis, current law does not require that researchers obtain parental permission to conduct studies of adolescents on social networking sites. Parental permission is required for younger children, while adolescents and adults provide their own consent. Of course, parents can prohibit their adolescents from any online activity, including research participation, regardless of legal limits on researchers. Parents have the same amount of control over their adolescents' online research participation as they do over any other online activity in which their teens engage.

"Researchers should use the online environment to deliver innovative, informative consent processes that help participants understand the dimensions of the research and the accompanying data collection," Shapiro says. "This is especially important given the general public's ignorance about the ability to collect massive amounts of personal data over the Internet."

If traditional approaches to consent are of limited value for protecting online subjects, Ossorio says, then researchers and regulators should emphasize other aspects of research ethics, such as using all reasonable approaches to minimize research risks. Also, researchers should seek innovative methods for generating transparency around the research enterprise.

Writing in the Policy Forum section of the Jan. 11 edition of Science, Shapiro and Ossorio conclude by emphasizing that the richness of online information should not become the sole domain of commercial marketing interests but should be used to advance understanding of human behavior and inspire positive social outcomes. Elucidating ethical and legal guidelines for design research on social media will create new opportunities for researchers to understand and improve society.

The news release is here.