The right to the confidentiality of a person’s responses on psychometric and educational tests is governed by national, professional and organizational policy to ensure that tests are used to promote the high standards of their use and inform best practices.
Confidentiality in the Professional Clinician Context
It is important for professional clinicians to adhere to a set of guidelines so that they can make decisions about the therapeutic relationship that promotes health, wellbeing, and the rights of all stakeholders so as to cultivate bonds of trust throughout the community. Thus, all testing materials are not permitted to circulate freely; instead, they are kept in a secure place. Ideally, the individual tests are de-personalized by having Client/participant Numbers. Tests should be locked separately to signed informed consent forms and any other materials that could link client/participants to raw data, or even as to have had a test. Materials remain in a secure place, preferably locked, for at least 5 years.
The tests themselves are not to be left in the care of a third party if that party is not qualified to administer them. In a case such as this, there is more potential for a breach of confidentiality, as the unqualified administrator of the test may ask the client/participant to record personal details onto the test, or they may forget to ask the client/participant not to do so. It is also highly likely that the unqualified will not be familiar with ethical practices of the professional clinician, and so not be aware or understand the concept of “right to confidentiality”. This situation places the client/participant at risk of harm as circulation of their details (raw data or demographics) may lead to adverse consequences to themselves, such as disappointment that their trust has been violated, creating a lack of engagement with learning or accessing therapeutic care when needed.
Confidentiality in the Educational/Organizational Context
Students and employees have the right for their test results, and participation in tests, to not be communicated to a third party without their knowledge and explicit permission, such as in the form of a signed Informed Consent form. Such forms spell out clearly what is expected of the client/participant and how their information will be used; thus, who has access to it. Additionally, student/employee is able to have access to their tests, as this is their personal data. However, this may necessitate the application for “freedom of information” in the case where data is stored in a government facility.
Furthermore, some tests may be considered exempt from disclosure given that to do so would not be in the best interest of the public. For example, when disclosure would invalidate the use of the test in the practice of the profession it is being used in. Or, alternatively, disclosure would not occur if it could impair the ability of the educational institute or other organization to perform their duties properly. Finally, when disclosure would be considered as a breach of the contractual arrangements by which the institution/organization has agreed to with the suppliers of the test materials.
In conclusion, professional clinicians, educational institutes, and other organizations that make use of psychometric and or educational tests adhere to a set of standards in which the right to confidentiality is a key concept. Best practices for administering tests, analyzing them, and storing and using the data are critical to ensure that the standard of confidentiality of test-takers is maintained, especially in light of technological advances, when standards must be modified to keep pace with change.