Final answer:
The duty of limited confidentiality can be waived in writing by the party entitled to it, must remain until the conclusion of an event such as case closure, and there are legal and ethical circumstances where it could be breached. Rights to silence, legal representation, and defending oneself in court, as well as requiring informed consent and protecting privacy, are all related aspects.
Step-by-step explanation:
The duty of limited confidentiality can be complex, but in many legal and ethical contexts, certain provisions apply. While a duty of confidentiality is generally upheld to protect the privacy and dignity of individuals, there are circumstances where this duty may be altered or waived. For example:
- It may be waived in writing by the party to whom the duty is owed if they provide explicit consent.
- It must remain in effect until a specified event occurs, such as the closing of a case or the conclusion of a professional relationship.
However, under certain circumstances, such as legal proceedings or to prevent harm, confidentiality may be breached.
It's important to respect individuals' rights including the right to remain silent, receive a warning that anything one says can be used in court, consult legal counsel, and defend oneself in court. Additionally, researchers and other professionals are tasked with protecting individuals from harm and preserving confidentiality, while seeking informed consent.
According to international human rights provisions, such as Article 12 of the Universal Declaration of Human Rights, no one should be subjected to arbitrary interference with their privacy, which underscores the importance of confidentiality.