ERIC Number: ED233281
Record Type: RIE
Publication Date: 1982-Dec
Reference Count: 0
The Right to Privacy for Juveniles: A Review for School Counselors.
Hayden, Richard J.
This paper, addressed to school counselors, provides background information concerning the rights of privacy for juveniles. A brief introduction notes the recent changes in juvenile rights and the expansion of the school counselor role and responsibility. The first section presents a general statement of the right of privacy primarily through English common law, American case law and the Warren and Brandeis Right to Privacy article (1890), which still acts as a catalyst in contemporary case law and legislation. The second section reviews the four categories of right of privacy as defined by Prosser in 1960: Appropriation - of a person's name or likeness for the defendent's benefit and advantage; Intrusion - on the plaintiff's solitude by intentionally and purposely prying; Public Disclosure - of private facts; and False Light - publicity which creates false light in the public eye. The third section discusses the extension of the right of privacy to juveniles as clients of school counselors; summaries of case law concerning the First, Fifth, Ninth, Fourteenth, and Twenty-Sixth Amendments are included. The fourth section provides general application of confidential and priveleged communications by school counselors resulting from the right of privacy of student, parent, and school staff clients. The appendixes provide a list of states with school counselor privileged communication, along with brief summaries of the laws in those states; a table of the legal cases cited; and a list of the references cited. (WAS)
Descriptors: Adolescents, Children, Civil Rights, Confidentiality, Constitutional Law, Counselor Client Relationship, Counselor Role, Elementary Secondary Education, Laws, Parent School Relationship, Privacy, School Counseling, School Counselors, State Legislation, State of the Art Reviews, Student Rights, Student School Relationship
Publication Type: Guides - Non-Classroom; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Counselors; Practitioners
Authoring Institution: N/A