This paper examines the efficacy of the American Psychological Association's code of ethics in protecting individuals from misuse of psychological test results and raw data. Through comparative analysis of the 1992 and 2002 APA codes, the paper identifies gaps in confidentiality protections and explores how unqualified administrators can misinterpret tests, leading to potential discrimination and public exposure. The analysis reveals that while the 2002 revision aligns with HIPAA privacy regulations, its language is less prohibitive than the 1992 code regarding raw data release. The paper concludes with recommendations for strengthening the code through more explicit language prohibiting media disclosure and better defining security measures for test materials.
The intent of this research paper is to investigate the efficacy and utility of recent changes made to the APA code of ethics. Specifically, this paper will compare the 1992 and 2002 APA codes of ethics to assess the extent to which the code protects individuals taking psychological tests from having their scores exposed to the media and other organizations that might abuse them.
There are many different types of psychological tests used to assess an individual's personality type and mental health status. Unfortunately, the potential for abuse of psychological tests is high. As Langley (2004) points out, tests are often administered by individuals who are not trained psychological professionals, and such individuals typically do not take into consideration factors that can affect individual performance, thus making judgments based on data that may not be 100 percent valid.
Some researchers have pointed out that psychological tests are fallible, particularly when they are used for purposes other than their original intent; thus they cannot be considered an accurate assessment of an individual's psychological state (Langley, 2004). Despite this, people subject to these tests are at risk, particularly those with a mental handicap or disability because they face potential discrimination if their test results or raw data scores become available to the public or media. The APA code of ethics has established certain guidelines for social workers and mental health professionals in an attempt to protect those individuals taking psychological tests from abuse. This paper will examine the code in an attempt to determine its validity and efficacy at protecting test takers.
The new code of ethics states that social workers and other mental health providers and caregivers should, among other things, work to end discrimination and other forms of injustice that may take the form of direct practice, community organization, social action, or other actions (Greif, 2004). The recent revisions to the code of ethics, however, do not necessarily effectively protect individuals from the misuse of mental health test results, including individuals in the media. The relative merits of the revisions to the APA code of ethics are discussed below.
According to Erard (2004), the new APA Ethics Code released in 2002, which is consistent with the regulations established by the Health Insurance Portability and Accountability Act of 1996 Privacy Rule of 2002, suggests that "test materials may still be protected, but documents containing participant's responses are subject to disclosure" (p. 23). Many psychologists prior to this were more likely ethically to keep raw test data and information to themselves, and many still believe the "virtues of secrecy" are perhaps exaggerated (Erard, 2004).
There are many measures in place, including informed consent, which in theory are supposed to ensure that test feedback can be kept confidential (Erard, 2004). However, the exact language presented in the code does not necessarily protect people taking the tests from exposure, and a lack of protection puts people at increased risk for disclosure by individuals and even the media.
The new code of ethics deals primarily with the concept of raw test data, which the code defines as "raw and scored, client/patient responses and test questions or stimuli and psychologists' notes and records concerning client/patient statements and behavior" during the course of an examination (APA, 2002). This test data can be released to individuals who have permissions to view the material; however, psychologists can refrain from releasing the data in order to protect patients from "harm or misrepresentation of the data" (APA, 2002).
The 1992 code of ethics requires that psychologists "refrain from misuse of assessment techniques" as well as from releasing "raw test results or raw data to persons, other than patients or clients who are not qualified to use such information" (APA, 1992). The language in the 1992 code thus seems more prohibitive and protective of individuals' test scores than the language in the 2002 code of ethics.
"Specific revisions needed for stronger confidentiality"
Psychological tests are often used by health care workers, psychologists, and even employment organizations to assess a candidate's fitness for duty and evaluate their mental health status. Unfortunately, the potential for abuse of these tests is high. The APA recently revised its code of ethics in 2002, which includes provisions for maintaining the confidentiality and security of test results.
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