Ethical Frameworks and Guidelines

Interpreters who use American Sign Language (ASL) are essential in helping those who are deaf and hard of hearing communicate with each other. Their work is done in a variety of places, including private companies, legal settings, and educational and medical facilities. ASL interpreters are trusted with sensitive and private information in many of these situations. This article examines the methods and moral issues that ASL interpreters use to manage private information with the highest care and professionalism.

Strict ethical rules and professional standards apply to ASL interpreters. Professional associations like the National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf (RID) establish these rules. The importance of confidentiality is emphasized by the RID Code of Professional Conduct, which mandates that interpreters “adhere to standards of confidential communication.” This fundamental idea serves as a guide for interpreters in all of their professional dealings, guaranteeing the confidentiality and accuracy of the data they manage.

Training and Certification

Interpreters go through rigorous certification and training programs that include in-depth instruction on ethical behavior and confidentiality. Interpreters learn about the various kinds of sensitive information they may come across in their training, as well as the appropriate ways to handle it. Exams for certification also assess interpreters’ knowledge of ethical principles and their practical application of these principles.

Understanding Confidentiality in Different Settings

Depending on the context in which an ASL interpreter works, sensitive information can take different forms. Maintaining confidentiality requires an understanding of the unique requirements and difficulties presented by each setting.

Medical Settings

Interpreters frequently work with personally identifiable health information (PHI) that is shielded by the Health Insurance Portability and Accountability Act (HIPAA) in medical settings. Interpreters have a responsibility to make sure they never reveal any PHI without the patient’s express consent. Throughout interpretation sessions, they are taught to maintain discretion and to reveal as little private information as possible. For example, they could deliberately place themselves so that no one else can hear what they are saying.

Legal Settings

Interpreters may deal with information about criminal cases, family law disputes, or immigration matters in legal settings. In these situations, maintaining confidentiality is crucial because any infringement could jeopardize the rights of the parties involved and the legal system. Legal interpreters need to be extremely cautious to ensure that all communications remain private and knowledgeable about the particular confidentiality laws and regulations that apply to their work.

Educational Settings

In educational settings, interpreters frequently assist students who have confidential records, such as Individualized Education Programs (IEPs). They have to walk a tightrope between promoting communication and safeguarding the students’ privacy. This entails avoiding needless disclosure of personal information and being aware of who is present during interpretation.

Corporate and Business Settings

Interpreters working in corporate settings may have access to trade secrets, proprietary data, or private internal communications. Confidentiality in these situations is essential to safeguarding the company’s interests and upholding client and employee trust. Interpreters need to be careful to avoid unintentionally disclosing sensitive information and to maintain the confidentiality of all business-related information. 

Practical Strategies for Maintaining Confidentiality

Photo by Cottonbro Studio

ASL interpreters use a variety of doable techniques to protect private data. These tactics assist them in upholding moral principles and guaranteeing the security of sensitive data.

Secure Communication Channels

Secure communication channels are frequently used by interpreters to exchange confidential information. This covers the use of password-protected documents, secure video conferencing software, and encrypted email services. Interpreters can reduce the chance of unauthorized access to private information by using these safe techniques.

Discretion in Public Spaces

Interpreters take extra care to prevent sensitive information from being overheard when working in public areas. They might use technology to enable private communication or pick more sedate settings for their discussions. One way to preserve the privacy of the conversation is to use a text-based app for real-time interpretation.

Limiting Disclosure

Interpreters only reveal personal information to those who are directly involved in the conversation, adhering to the “need to know” principle. This idea makes sure that only those who are authorized can access confidential information and helps prevent it from being disclosed.

Documentation and Record Keeping

Proper documentation and record-keeping practices are essential for maintaining confidentiality. Interpreters are taught to accurately record their work while making sure that private data is kept safe. For physical documents, this can entail utilizing locked cabinets, and for digital files, secure cloud storage.

Ethical Dilemmas and Challenges

ASL interpreters may still run into problems with confidentiality and ethical quandaries despite their best efforts. It takes careful judgment and adherence to professional standards to navigate these situations.

Dual Roles

Sometimes interpreters play more than one role; for example, they might be the client’s friend or family in addition to their interpretative duties. The dual relationship may make it more difficult for the interpreter to keep their identity a secret. To avoid conflicts of interest and confidentiality violations, interpreters are advised by professional guidelines to avoid taking on such dual roles whenever feasible.

Mandatory Reporting

In situations where mandatory reporting laws are in effect, such as when there is suspicion of child abuse or when there are threats of harm, interpreters might have to violate confidentiality. Interpreters may be required to breach confidentiality in circumstances where mandatory reporting laws are in place, such as when there is a suspicion of child abuse or when there are threats of harm. These laws must be understood by interpreters, as well as when it is appropriate to provide information to the appropriate authorities. In these situations, the interpreter should explain the boundaries of confidentiality and remind the client of their duty to report.

Handling Subpoenas

Interpreters can be subpoenaed to testify regarding private information they have shared while working. It is necessary to have a solid understanding of both legal and ethical obligations to navigate these requirements. To decide on the best course of action, interpreters should consult with their professional organizations and seek legal advice.

Conclusion

ASL interpreters are essential to enabling deaf people to communicate effectively, and they frequently handle private and sensitive data in the process. Interpreters can preserve their clients’ trust by abiding by stringent ethical standards, utilizing realistic tactics, and consistently learning about optimal procedures. Their adherence to confidentiality guarantees the safety and respect of the people they assist, in addition to upholding the integrity of their profession.

For those who are looking for additional support, Unspoken Language Services offers interpreting services to help bridge the communication gap between the deaf and hearing communities.  

Thumbnail Photo Credit to: Photo by Armin  Rimoldi