The Ethics of Electronic Searches for Client Information

With the growing use of digital technology in practice, mental health professionals (MHPs) need to navigate the complexities of client privacy and technology when considering whether and how to gather information about clients electronically. Respecting client privacy and confidentiality helps MHPs build trusting work relationships with clients (Barsky, 2023).

The codes of ethics of the American Psychological Association (APA, section 4), the National Association of Social Workers (NASW, Standard 1.07), and the American Counseling Association (Section B) each instruct their members to inform clients about the nature and extent of confidentiality, including exceptions when they may be authorized (legally or ethically) to share client confidentiality with others.

Respecting client privacy also entails the MHP’s responsibility to refrain from soliciting personal information from the client unless that information is relevant to the objectives of their work. But is it ethical for MHPs to conduct electronic searches of their clients to gather information about them? This article explores the ethical principles of privacy, informed consent, fairness, and integrity as they pertain to conducting electronic searches for personal information about clients.

Reasons for Electronic Information Gathering

MHPs may have a variety of reasons for collecting client information from electronic sources, such as online databases, the internet, social media, and artificial intelligence programs. First, gathering information electronically may be an efficient way to gather information and to corroborate information that the client has previously provided the MHP. Consider an MHP who needs to gather information about a client’s criminal history. There are various online sources for conducting criminal background checks, including those of state law enforcement agencies.

Another possible reason to conduct electronic searches is safety. Consider MHPs who have home offices and want to ensure that potential clients who come to their homes will not pose safety issues to themselves or their family members. Accordingly, as part of the intake process, they use Bing, Google, or another search engine to search for information about the client. Or, alternatively, they ask an artificial intelligence program to develop a risk assessment for a client based on information that can be found on the internet. They could then use this information to determine whether it would be safe to see the client, whether they should take any safety precautions before meeting with the client, or whether they should refer the client to another practitioner or program that could better serve the client.

Ethical Considerations in Gathering Client Information Electronically

The act of searching for client information electronically is not inherently unethical. In fact, it may be ethically and clinically beneficial to search for client information electronically (Apgar & Cadmus, 2023). Still, it is important to consider four ethical concerns: client privacy, informed consent, integrity, and fairness. Although these ethical concerns apply whether we are gathering information electronically or otherwise, the following analysis focuses on situations in which MHPs are considering electronic searches.

The principle of privacy suggests that individuals have a right to control access to their personal information (ACA, s.B1b; NASW, s.1.07[a]). As noted earlier, MHPs should not gather private information from clients unless there is a valid professional reason for doing so. Assume that I am personally curious about a client’s neighborhood, what political party they are affiliated with, or whether they might be LGBTQ+. Assume also that these items are not particularly relevant to the work that we are doing together. I’m just curious. Although it may be easy to conduct an electronic search to gather such information about my client, I should honor the client’s right to privacy and refrain from conducting the search. Even when clients use “public” settings on their Facebook, Instagram, TikTok, or other social media accounts, they may perceive my curiosity searches as invading their privacy.

The principle of informed consent suggests that we should obtain permission from clients before providing services (ACA, s.A2b; APA, s.9.03[a]; NASW, s.1.03[i] and 1.07[q]). Providing services includes conducting assessments and gathering information. Thus, before gathering information electronically, we should inform clients about the purpose of gathering information, explain how we plan to gather information, and then ask permission to gather information in this manner. Thus, if you needed to gather information about a client’s mental health background from the client’s social media or other online sources, you would need to discuss why you plan to seek information from this source, including how this information relates to the services you are providing. The client may ask questions about the source of information and how you intend to use the information. This discussion affords the client the opportunity to accept or reject your proposed manner of gathering information. The client may also offer alternate methods for gathering information.

In terms of integrity and fairness, one of the primary risks of conducting online searches is that the information found may be inaccurate or unreliable. Someone may have posted disinformation about your client, or the online information could be incomplete or unclear. Sources that look like they are about your client may be about someone with a similar name or other identifying information. The search engines or artificial intelligence programs that you use to gather information may offer skewed or fabricated information. Further, they may not identify the original sources of the information.

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Although some online sources of information are reliable, the principles of fairness suggest that clients should have an opportunity to verify, challenge, or rebut information that you find online. Assume that you find an online news article that suggests your client has been charged with several gun-related offenses. If you refuse to provide service to this client based on this online information alone, you may be rejecting the client based on false, biased, dated, or incomplete information.

Guidance for Conducting Online Searches Ethically

Although the ethical codes of the mental health professions do not categorically prohibit the use of online searches for client information, they do provide guidance on whether and how online searches may be conducted ethically:

• When considering whether to conduct online searches for client information, ensure that you have a valid professional purpose for doing so.
• Before conducting electronic searches for client information, engage the client in an informed consent process by informing them about the purpose of conducting the online search, why the information is necessary for providing effective services, the advantages and risks of obtaining information from the online source, and whether there are alternate ways of gathering the desired information. The process for obtaining the client’s consent to gather information electronically is similar to the process for obtaining the client’s consent to gather information from family members, employers, or health professionals.
• Avoid gathering client information without the client’s consent unless there are compelling ethical reasons for doing so; for instance, in a situation where the client has threatened the life of another person, you could search for information online to secure contact information for law enforcement. The primary ethical justifications for obtaining information online without the client’s consent are: there is a serious, imminent risk to the client or another person, the client is not willing or able to provide consent, and the only way to prevent such harm is to search for certain information online without the client’s consent.
• If you are serving an involuntary client in which you are legally authorized to gather information without the client’s consent, inform the client about how you plan to gather certain information electronically. Allow the client to provide feedback on these plans (e.g., if the client has concerns about the accuracy of the information or can provide the information through other means).
• If you conduct an electronic search for client information, ensure that you are securing the information from reliable sources. Verify the accuracy, truth, and completeness of the information by consulting with the client. Upon receiving the client’s consent, you may also consult others who may be able to verify the accuracy of the information.

The Internet, social media, and artificial intelligence offer large amounts of data that we can gather in a relatively efficient manner. When this data includes personal information about our clients, we should ensure that gathering client information electronically is done so in accordance with our profession’s ethical principles.

As MHPs, we would not follow clients around the local mall, snoop through their garbage bins, or peer into their house windows without their consent. Accordingly, we should not peer into clients’ online information lives unless we have their prior consent. When we do gather information electronically, we should also take appropriate steps to ensure that the information is accurate. Ethically, the bottom line is respect for the dignity and worth of the people we serve, including their rights to privacy, informed consent, integrity, and fairness.

Note: The material in this article is for general information only. For current legal information or advice particular to your situation, please consult with an attorney in your jurisdiction.