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Topic: Confidentiality and Privacy Rights of Students in Mental Health Counseling Services in Schools

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Topic: Confidentiality and Privacy Rights of Students in Mental Health Counseling Services in Schools

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The topic of Confidentiality and Privacy Rights of Students in Mental Health Counseling Services in Schools delves into the complex web of legal and ethical standards that govern the management of sensitive information by school counselors regarding students' mental health. This exploration is crucial as it involves navigating both established legal frameworks and ethical guidelines that dictate how counselors must conduct themselves. These principles are meticulously crafted to strike a delicate balance: ensuring students receive the vital support they need while safeguarding their right to privacy. By adhering to these standards, counselors can cultivate an environment of trust within the counseling relationship, thereby fostering an atmosphere where students feel safe to seek help without fear of their personal information being compromised. This study aims to illuminate the intricate interplay between legal statutes and ethical imperatives, ultimately highlighting the paramount importance of upholding confidentiality and privacy in school-based mental health counseling services.

References:

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Source of Law: Constitutional Law - U.S. Const. amend. IV

The Fourth Amendment to the United States Constitution is a cornerstone of constitutional law that guarantees the right of individuals to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. This protection extends to students in public schools, including their privacy rights in mental health counseling services.

In the context of confidentiality and privacy rights of students in mental health counseling services in schools, the Fourth Amendment requires that any searches or disclosures of confidential information must be reasonable and based on specific circumstances. School counselors must adhere to these constitutional standards when handling student information to ensure that any disclosure is justified and does not infringe upon students' Fourth Amendment rights.

Link:

https://constitution.congress.gov/constitution/amendment-4/

References :

U.S. Const. amend. IV

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Family Educational Rights and Privacy Act (FERPA)

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Family Educational Rights and Privacy Act (FERPA)

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Source of Law: Statutory Law - 20 U.S.C. §1232g

FERPA is a crucial federal law that protects the privacy of student education records. It applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA provides specific restrictions on the disclosure of personally identifiable information from education records, including mental health records, without consent, except in specific circumstances outlined in the law.

Under FERPA, school counselors must obtain consent from either the student (if over 18 years old) or the parent/guardian before disclosing any information from the student's mental health records to third parties, including other school personnel, external healthcare providers, or family members. This consent requirement ensures that students' sensitive information is handled with care and only disclosed when necessary for the student's welfare or as permitted by law.

Compliance with FERPA also involves maintaining the security of student records, ensuring that access is restricted to authorized personnel who have a legitimate educational interest. Violations of FERPA can result in penalties for schools, underscoring the importance of adhering to these privacy protections.

Link:

https://www.law.cornell.edu/uscode/text/20/1232g

References

20 U.S.C. §1232g

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Source of Law: State Law - Tex. Educ. Code §26.004

Texas Education Code Section 26.004 serves as a cornerstone in safeguarding student privacy within educational settings, emphasizing strict confidentiality protocols for student records, including those generated through mental health counseling services. This provision mandates that educational institutions maintain stringent measures to protect sensitive information, ensuring that access is limited to authorized personnel and disclosures comply with legal requirements.

When juxtaposed with Texas Health and Safety Code, FERPA, (20 U.S.C. §1232g) and Tex Fam. Code § 261.101, Section 26.004 establishes a cohesive framework for managing confidentiality and privacy rights. FERPA, as outlined in Section 611.0045, reinforces these protections by stipulating federal standards for the privacy of educational records, thereby aligning with Texas Education Code mandates. Additionally, Texas Family Code Section 261.101 underscores the duty to report suspected cases of abuse or neglect while balancing the imperative to maintain student confidentiality during mental health counseling sessions.

Together, these statutes ensure that schools can effectively provide essential counseling services while upholding the legal rights and protections of students under state and federal law, thereby fostering a secure environment conducive to student well-being and academic success.

Link:

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm

Reference:

Access to Student Records, Tex. Edu. Code § 26.004

Report of Abuse or Neglect, Tex. Fam. Code § 261.101

20 U.S.C. § 1232g

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Fry v. Napoleon Community Schools (2007)

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Fry v. Napoleon Community Schools (2007)

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Source of Law: Judicial Law – US Supreme Court

Is a significant Supreme Court case that addresses the rights of students with disabilities under the Individuals with Disabilities Education Act (IDEA), and indirectly touches upon issues related to confidentiality and privacy in school-based mental health services.  Although the primary focus of the case was on disability rights and educational accommodations, (Fry v. Napoleon Community Schools, 2017) indirectly underscored the importance of privacy and confidentiality in school settings. This includes confidentiality in relation to medical and psychological information, such as the use of service animals or accommodations related to mental health. The case highlighted the interplay between various laws protecting students' rights, including IDEA (20 U.S.C. § 1400), ADA , and Section 504 of the Rehabilitation Act. These laws also touch upon privacy rights concerning educational records, including any records related to mental health services provided within the school context. While not directly addressing mental health counseling records, the case reinforces the broader principles of protecting sensitive information and ensuring that schools adhere to legal requirements regarding privacy and confidentiality. It emphasizes the need for schools to maintain appropriate policies and procedures to safeguard all types of sensitive student information, including mental health records.

Link:

https://www.supremecourt.gov/opinions/16pdf/15-497_p8k0.pdf

Reference:

Fry v. Napoleon Community Schools (2007)

20 U.S.C. § 1400 et seq.

Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 327 (1990)

United States. (1973). Rehabilitation Act of 1973, Pub. L. No. 93-112, § 504, 87 Stat. 355 (1973).

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Cleveland Independent School District, 2023-2024, Student Handbook

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Cleveland Independent School District, 2023-2024, Student Handbook

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Source of Law: Administrative Law - Cleveland Independent School District (2023). Student Handbook

This school policy outlines several key points related to confidentiality and privacy rights of students in mental health counseling services within the framework of the Family Educational Rights and Privacy Act, FERPA (20 U.S.C. §1232g):

1.     Directory Information

2.     Parental Right to Object

3.     Access to Student Records

4.     Disclosure of Personally Identifiable Information

5.     Rights to Inspect and Amend Records

6.     Control of Records

7.     Non-Educational Records Exclusion

In summary, this policy ensures compliance with FERPA (20 U.S.C. §1232g) while balancing transparency and privacy concerns regarding student information, including that related to mental health counseling services. It provides mechanisms for parental involvement and protection of student privacy rights in various educational contexts.

Reference:

Link:

https://core-docs.s3.us-east-1.amazonaws.com/documents/asset/uploaded_file/4267/CISD/3592493/Student_Handbook_-_English.pdf

Reference:

Cleveland Independent School District (2023). Student Handbook

20 U.S.C. §1232g

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The resource on self-care ethics provides valuable insights for the topic of confidentiality and privacy rights of students in mental health counseling services in schools. It underscores the significance of school counselors' mental well-being amidst crisis management, addressing issues such as compassion fatigue and burnout that can impact their ability to uphold confidentiality and support students effectively. By advocating for self-care practices and adherence to ethical standards, the resource equips counselors with strategies to navigate challenging scenarios while safeguarding students' privacy and ensuring continued effective service delivery.

Link:

https://www.schoolcounselor.org/Magazines/September-October-2023/School-Counselor-Ethics-in-Crisis-Management

References:

Hatton, C., Stockdell, L., & Greiner, A. (2023). School counselor ethics in crisis management. School Counselor Ethics in Crisis Management - American School Counselor Association (ASCA). https://www.schoolcounselor.org/Magazines/September-October-2023/School-Counselor-Ethics-in-Crisis-Management

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School Counselor Ethics in Crisis Management

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Self-Care Ethics I've heard our nation is experiencing a youth mental health crisis and see this within my school. Within the last month, I've had many students express suicidal ideation and be admitted to the hospital for evaluation. Several other students who require mental health services are on long waiting lists.

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 Confidentiality and Privacy Rights of Students in Mental Health Counseling Services in Schools

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 Confidentiality and Privacy Rights of Students in Mental Health Counseling Services in Schools

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As a future school counselor, understanding the Legal Guide topic of Confidentiality and Privacy Rights of Students in Mental Health Counseling Services in Schools is crucial. It ensures that I can provide effective support to students while respecting their privacy and complying with legal requirements. This topic impacts my field deeply because maintaining confidentiality is essential for building trust with students seeking mental health support, which is crucial given that approximately 1 in 5 children and adolescents experience a mental health disorder each year (CDC, 2023).

An emerging issue related to this topic that educators should monitor is the intersection of student privacy rights with digital and remote counseling services. With the increasing use of technology in counseling, such as teletherapy and digital platforms, there are evolving questions about how to uphold confidentiality standards effectively in these new contexts. Educators need to stay informed about the latest guidelines and best practices to ensure that students' privacy rights are protected, regardless of the mode of service delivery. This issue is pivotal as it directly impacts how counselors interact with students and maintain ethical standards in an increasingly digital educational environment.

References:

Centers for Disease Control and Prevention. (2023b, March 8). Data and statistics on children’s Mental Health. Centers for Disease Control and Prevention. https://www.cdc.gov/childrensmentalhealth/data.html

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Mental health: Is that a job for schools?

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Mental health: Is that a job for schools?

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The article discusses the growing recognition of mental health struggles among young people in the United States and the substantial efforts by federal and state governments to address these issues through increased funding and programs. There is a debate about whether schools are the appropriate venues for delivering mental health services, given their already burdened responsibilities. Advocates argue that schools are accessible and less stigmatizing for students in need, but critics, like Robert Pondiscio, question whether schools should bear this responsibility.

Recent legislative actions and initiatives reflect a significant expansion in mental health support within schools, driven by concerns raised during the pandemic and the advocacy of experts and youth themselves. Despite these efforts, schools remain understaffed relative to recommended counselor-to-student ratios. The article highlights various models of school-based mental health services, emphasizing multitiered systems that provide universal support as well as targeted interventions for students with greater needs.

Ethical considerations, such as student privacy and the competence of school staff to provide mental health support, are also discussed. The article concludes with calls for a broader community approach to youth mental health, involving partnerships with external organizations and fostering a supportive environment that extends beyond school walls.

In summary, the article addresses the complexities of integrating mental health services into schools, highlighting both the benefits and challenges of this approach amid ongoing societal and educational debates.

References:

Sheasley, C. (2022, June 29). Mental health: Is that a job for schools?. The Hechinger Report. https://hechingerreport.org/mental-health-is-that-a-job-for-schools/

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Get important education news and analysis delivered straight to your inbox
Should mental health concerns be handled by schools?

Numerous statistics - and students themselves - point to the significant struggles many young people in the United States are experiencing. In an effort to help, federal and state governments are allocating hundreds of millions of dollars in new funding to cover everything from training more providers to running mental health awareness programs.

Advocates suggest the school building is the most accessible and least stigmatizing place for mental health support. But others are raising concerns about how many tasks often-overburdened schools can handle.

"You do at some point have to ask some very basic questions about what are the expectations that we have of this thing called school," says Robert Pondiscio, a senior fellow focused on education at the American Enterprise Institute, a Washington think tank. "No one is suggesting schools should not be concerned about kids' overall well-being. But is this the proper place in civil society for mental health services to reside?"

The recent expansion of offerings has spurred more discussion about the ethics involved in supporting students - how much schools and mental health should intersect and where the guardrails should be. A school board in Killingly, Connecticut, for example, this year drew the line at allowing the superintendent to establish a mental health clinic in a high school.

Determining what services to offer in schools is a question that "has to be answered 14,000 times in 14,000 local school districts," Mr. Pondiscio says, adding that people will disagree on the appropriate use of government dollars for mental health in publicly run schools.
Related: We know how to help young kids cope with the trauma of the pandemic - but will we do it?
During the first year and a half of the pandemic, 92 state laws were enacted to address youth mental health through school-based programs, according to an analysis by the nonprofit National Academy for State Health Policy. The federal gun safety bill passed by Congress on June 24 includes related funding.

President Joe Biden wants to double the number of mental health professionals in schools. Already schools have seen a 65% increase in social workers and a 17% increase in counselors compared to before the pandemic, due to use of American Rescue Plan funds to increase hiring, according to the White House.

Even so, most schools are understaffed. The American School Counselor Association, for example, recommends a counselor-to-student ratio of 1:250. The association reports the national average was 1:415 in the 2020-21 school year.

The flurry of recent activity is being driven by experts - and students themselves. The U.S. surgeon general issued an advisory in December 2021 warning of a youth mental health crisis. Nearly three-quarters of young Americans say the country as a whole is experiencing one, according to a spring 2022 survey by Harvard Youth Poll. Documentary filmmaker Ken Burns this week debuted a two-part program on PBS, "Hiding in Plain Sight: Youth Mental Illness," which tells the stories of more than 20 young people in the U.S.

"When we ask families and students, overwhelmingly most prefer to receive support in the school building, in part due to proximity and convenience. Students and parents are less likely to miss time from school and work, and a lot of families say it's less stigmatizing."
Sharon Hoover, co-director of the National Center for School Mental Health and professor of psychiatry at the University of Maryland School of Medicine.

Various theories circulate among researchers as to why mental health has been declining, including the influence of social media, changing parenting styles, and a seemingly unstable world confronting climate change, social justice, and political polarization.

Schools are a natural place to address these issues, many Americans say, as mental health services have existed there for years. The National Association of School Psychologists was formed in 1969. School-based health centers that provide pediatric, dental, and mental health services in schools were also started in the 1960s and 1970s.

"When we ask families and students, overwhelmingly most prefer to receive support in the school building, in part due to proximity and convenience. Students and parents are less likely to miss time from school and work, and a lot of families say it's less stigmatizing," says Sharon Hoover, co-director of the National Center for School Mental Health and professor of psychiatry at the University of Maryland School of Medicine.

A 2017 study of mental health services in elementary schools by researchers at Florida International University found "school-based services demonstrated a small-to-medium effect in decreasing mental health problems, with the largest effects found for targeted intervention."

Dr. Hoover says research supports the establishment of multitiered systems of support in schools. In this model, schools provide such services as universal lessons or wellness checks for all students and more targeted, intensive support for those students identified as needing additional assistance.

How that looks in schools varies.

For instance, all students in a school with a multitiered system of support receive "tier one" support, like classroom lessons or assemblies on mental health awareness. A smaller number of students identified as needing "tier two" support might participate in group sessions, led by school counselors, on dealing with grief or stress. An even smaller number of "tier three" students receive more intensive treatment, such as individual therapy with trained school staff, or are referred to an outside provider.

The American School Counselor Association, for example, recommends a counselor-to-student ratio of 1:250. The association reports the national average was 1:415 in the 2020-21 school year.

In a database maintained by the National Center for School Mental Health, roughly 15,000 schools self-report that they have comprehensive school mental health systems. That's about 15% of K-12 public schools in the United States.

Hawa Cabdullahi, a rising senior in Brooklyn Park, Minnesota, has seen her high school, which has 3,000 students, promote mental health support more since the pandemic began. It can take months to get an appointment with the school's sole psychologist, but teachers now allow students to take walks more during class and accommodate assignment deadline shifts if needed. The school also created a break room for qualifying students to use.
Related: A district wades through a deluge of social-emotional curricula to find one that works
"Things are getting better with mental health resources over the past years," she says. "I feel that the main issue is adults not listening or certain people who have the power to change things not wanting to spend the money on it and not wanting to improve the general livelihoods of people who are impacted by mental health struggles every day."

Even before the pandemic, increased calls for steps like universal screeners, or well-being checks, were raising concerns about student privacy records. Some parents in Florida worried that their children's mental health records would be held against them after the state enacted a law in 2018 in the wake of a mass school shooting at Marjory Stoneman Douglas High School that required informing schools during new student registrationif a child had ever been referred for mental health services, according to Kaiser Health News.

"Parents and family members should be at the table from day one with how do students access visits, how do schools get consent for services, how should schools and providers inform families if a student screens positive," Dr. Hoover says. "Families should have a choice about if and how and where they receive mental health support."

Informed consent and clinical competence are two ethical issues that mental health providers and families should be aware of when thinking about offering or receiving mental health treatment in a school setting, says Jeffrey Barnett, a professor of psychology at Loyola University Maryland.

School staff need proper training and oversight, he says. For instance, if teachers are administering universal mental health screeners to students, "are they being trained or is it seen as just another task to add to their workload?" He believes students and staff should all be trained in mental health awareness and know what referrals they can make if someone exhibits signs of needing help.

"No one is suggesting schools should not be concerned about kids' overall well-being. But is this the proper place in civil society for mental health services to reside?"
Robert Pondiscio, a senior fellow focused on education at the American Enterprise Institute, a Washington think tank

Asking teachers to take on extra training about mental health and to incorporate more social and emotional lessons is a feature of schooling that's largely been expanding without enough examination, says Mr. Pondiscio of the American Enterprise Institute.

"I think there are legitimate reasons to be concerned about mission creep, that we are changing the job of the teacher to be as focused on children's mental health and well-being as the academics. It's one thing to have it baked into the pie and another thing to make it a deliverable and a piece of the curriculum as compared to an endemic part of school culture," he says.

Dr. Hoover suggests that responding to student needs should be a "public health approach." That might involve schools providing lessons for everyone on regulating emotions as well as creating calm corners for students within buildings. It also might mean building a wide range of partnerships with people outside schools, including community health providers, faith groups, and other organizations important to youth.

"The mental health of our young children can't fall on the shoulders of school psychologists, social workers, counselors alone, nor should it," says Dr. Hoover. "It should really be a shared responsibility of everyone, including families, teachers, and the students themselves. They want to help each other."

© 2022 The Christian Science Monitor

This story on the mental health role of schools was produced by The Christian Science Monitor, as part of the project "Supporting students: What's next for mental health," in collaboration with The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education and the Education Labs at AL.com, The Dallas Morning News, the Fresno Bee, the Post & Courier and The Seattle Times. Sign up for the Hechinger newsletter.

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Mental health: Is that a job for schools?

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Get important education news and analysis delivered straight to your inbox Should mental health concerns be handled by schools? Numerous statistics - and students themselves - point to the significant struggles many young people in the United States are experiencing.

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A relevant professional association for school counselors would be the American School Counselor Association (ASCA). They provide resources and guidance on various topics related to school counseling, including confidentiality and privacy rights of students in mental health counseling services.

Link: https://www.schoolcounselor.org

Resource: ASCA Ethical Standards for School Counselors

Summary: The ASCA Ethical Standards for School Counselors are integral to ensuring confidentiality and privacy rights of students in mental health counseling services in schools. They emphasize maintaining strict confidentiality while balancing legal and ethical responsibilities, respecting diverse student backgrounds, and advocating for equitable access to counseling services. Upholding these standards supports a safe and trusting environment where students can seek and receive essential mental health support without fear of privacy breaches or discrimination ( American School Counselor Association, 2024).

Reference:

ASCA. (2024). School counseling standards. Home - American School Counselor Association (ASCA). https://www.schoolcounselor.org/

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Home | American School Counselor Association (ASCA)

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ASCA Ethical Standards for School Counselors.

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Ethical Principle: Confidentiality in School Counseling

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Ethical Principle: Confidentiality in School Counseling

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A. Responsibility to Students
A.2. Confidentiality
f. Keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others. Serious and foreseeable harm is different for each minor in schools and is determined by a student’s developmental and chronological age, the setting, parental/guardian rights and the nature of the harm. School counselors consult with appropriate professionals when in doubt as to the validity of an exception.

This ethical standard underscores the importance of maintaining confidentiality in school counseling unless there is a legal obligation or a necessity to prevent serious harm. In the context of mental health counseling services in schools, this principle guides counselors on when they may need to breach confidentiality, such as when a student expresses suicidal ideation. It highlights the careful balance counselors must maintain between respecting students' privacy rights and fulfilling their duty to intervene when necessary to protect students from harm.

Link :

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Link to the Code of Ethics: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Reference:

ASCA. (2024). School counseling standards. Home - American School Counselor Association (ASCA).

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors.

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CONFIDENTIALITY AND ITS DISCONTENTS
DILEMMAS OF PRIVACY IN PSYCHOTHERAPY

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CONFIDENTIALITY AND ITS DISCONTENTS
DILEMMAS OF PRIVACY IN PSYCHOTHERAPY

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The book 'Confidentiality and Its Discontents' by Ken Mosher and Stanley L. Brodsky provides a nuanced exploration of confidentiality in psychotherapy, addressing various breaches and legal implications. While its primary focus is on psychotherapist-patient privilege in clinical settings, many of its themes and insights are applicable to the topic of confidentiality and privacy rights of students in mental health counseling services in schools. It examines the erosion of confidentiality promises in psychotherapy, highlighting cases like Philip Roth's dismay over his therapist's portrayal and legal precedents such as Tarasoff. These discussions offer critical insights for school counselors navigating the delicate balance between protecting student privacy and meeting legal obligations in educational settings.

Link:

https://www.amazon.com/Confidentiality-Discontents-Psychotherapy-Psychoanalytic-Interventions/dp/0823265102

References:

Berman, J., & Mosher, P. W. (2015). Confidentiality and its discontents: dilemmas of privacy in psychotherapy. Fordham University Press.

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Confidentiality and Its Discontents: Dilemmas of Privacy in Psychotherapy (Psychoanalytic Interventions) by Mosher, Paul, Berman, Jeffrey(July 1, 2015) Paperback

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Confidentiality and Its Discontents: Dilemmas of Privacy in Psychotherapy (Psychoanalytic Interventions) by Mosher, Paul, Berman, Jeffrey(July 1, 2015) Paperback [unknown author] on Amazon.com. *FREE* shipping on qualifying offers. Confidentiality and Its Discontents: Dilemmas of Privacy in Psychotherapy (Psychoanalytic Interventions) by Mosher, Paul, Berman, Jeffrey(July 1, 2015) Paperback

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Adhere to Legal Frameworks: Ensure compliance with federal laws like FERPA (20 U.S.C. §1232g) and state-specific statutes (e.g., Texas Education Code Section 26.004) that mandate strict confidentiality protocols for student records, including those from mental health counseling services. Obtain proper consent before disclosing any sensitive information to uphold student privacy effectively.

Follow Ethical Standards: Uphold ethical guidelines such as those provided by the American School Counselor Association (ASCA, 2022), which emphasize confidentiality unless disclosure is necessary to prevent serious harm. Consult with colleagues or legal professionals when unsure about confidentiality exceptions.

Implement Secure Practices: Maintain secure handling and storage of student records to prevent unauthorized access and breaches. Adhere to administrative policies outlined in school handbooks, aligning with FERPA (20 U.S.C. §1232g) regulations on data privacy.

Consent and Communication: Obtain informed consent from students or their guardians before initiating mental health counseling services. Clearly communicate the scope of confidentiality and exceptions, emphasizing the importance of trust and transparency in the counselor-student relationship.

Documentation Practices: Maintain accurate and confidential documentation of counseling sessions and interactions. Follow school and district protocols for record-keeping to ensure compliance with legal requirements and facilitate continuity of care.

Monitoring and Evaluation: Regularly monitor and evaluate compliance with confidentiality standards through audits and reviews. Use feedback mechanisms to continuously improve privacy practices and address any emerging issues or challenges.

Educate Stakeholders: Educate students, parents, and school staff about confidentiality rights and procedures related to mental health counseling services. Foster transparency while respecting privacy boundaries.

Establish Clear Policies: Develop and communicate clear policies within the school community regarding confidentiality in mental health counseling. Ensure these policies align with both federal and state laws, as well as ethical standards set forth by professional associations.

Training and Professional Development: Provide ongoing training and professional development for school counselors and staff on confidentiality laws, ethical standards, and best practices in mental health counseling. This ensures awareness of current guidelines and enhances competence in handling sensitive information.

Collaborate with External Partners: Establish partnerships with external mental health providers and community resources to support comprehensive mental health services. Ensure these partnerships include protocols for information sharing that respect students' privacy rights.