APPENDIX A

RECOMMENDED PROCEDURE FOR ETHICAL DECISION MAKING

The following procedure is based on that proposed by P. Keith-Spiegel and G.R. Koocher (1985: Ethics in Psychology: Professional Standards and Cases, New York: Random House). The idea is that, when faced by an ethical dilemma, Guidance Counsellors should exercise their professional judgement in a formal way:

1. Define the issues involved.
2. Consult relevant guidelines (e.g. this Code of Ethics, Department guidelines, professional colleagues, the Law, Management).
3. Evaluate the rights, responsibilities and welfare of all affected parties including the institution where the Guidance Counsellor is employed and, where necessary, the general public.
4. Generate as many alternative decisions as possible.
5. Carefully evaluate each possible decision
6. Make the decision and share it with all relevant parties
7. Take responsibility for the consequences of the decision.

APPENDIX B

Information And Guidelines for Members on The Data Protection Act (1988) and The Data Protection Act (Amendment) Act (2003)

The Institute of Guidance Counsellors upholds the rights and obligations, enshrined in the Data Protection Act (1988) and Amendment Act (2003). The following guidelines for members are to assist in protecting clients' privacy and ensuring that members comply with the Law in respect of personal information, which is stored electronically or in manual form. These guidelines have been drawn up in consultation with the Data Protection Commissioner's office. They should be read in conjunction with Section 4 (Confidentiality) of the Institute's Code of Ethics.

SCOPE
The Data Protection (Amendment) Act (2003) applies to all records and information held either in electronic or manual form. Manual data means information that is kept as part of a relevant filing system, or with the intention that it should form part of a relevant filing system, i.e. structured by reference to individuals, or by reference to criteria relating to individuals, so that specific information relating to a particular individual is readily accessible.

The 'data controller' under the Act is the person who, either alone or with others controls the contents and use of personal data. Deciding who is the data controller in a particular case is a matter of fact, determined by examining the situation. Generally the data controller will be the school, but it could be an individual Guidance Counsellor, or indeed both the school and the individual. It is important to be clear on this point since the Act creates obligations for data controllers, which are summarised in the Guidelines below.

In addition, all data controllers are required to be registered with the Commissioner, unless exempted from this requirement under regulations made by the Minister for Justice, Equality and Law Reform. Those intended to be exempted, are those defined as 'low risk' data controllers. All public sector bodies are required to register - so VEC's and IT's will be registered, and their registration should cover any data kept by their employees.

Private practitioners and private schools outside the 'public sector' will be required to be registered if any of the information kept relates to sensitive personal data: Physical or mental health; religious or other beliefs; sexual life; political opinion; criminal convictions or the alleged commission of an offence; trade union membership; or racial origin.

THE EIGHT RULES OF DATA PROTECTION
You must _____

1. Obtain and process information fairly
2. Keep it only for one or more specific, explicit, and lawful purposes.
3. Use and disclose it only in ways compatible with these purposes.
4. Keep it safe and secure.
5. Keep it accurate, complete and up-to-date.
6. Ensure that it is adequate, relevant, and not excessive.
7. Retain it for no longer than is necessary for the purpose or purposes.
8. Give a copy of his/her personal data to that individual on request.

PURPOSE
Guidance Counsellors are likely to hold information for purposes of personal/social, educational and vocational guidance and counselling of individuals, and associated research. It is important that members be clear on the purpose for which they collect and keep information and that they make that purpose known to their clients. The purpose for which members have the information is the touchstone for judging what information we may collect, keep, use and disclose.

More information is available from the Data Protection Commissioner at:
www.dataprivacy.ie

A copy of both Acts are available for download from the Reference link.
www.dataprivacy.ie/6a.htm

Published by: Institute of Guidance Counsellors © 2004