| The disclosure obligation of psychological counselors is not only a restriction on the right to protection of personal information and privacy of visitors,but also a constraint on psychological counselors.Therefore,regulating the disclosure obligation of psychological counselors can help clarify the boundary of the personal freedom of visitors in psychological counseling activities,and encourage psychological counselors to play an active role in protecting public interests and the interests of third parties.Improving the disclosure system for psychological counselors in China is a necessary requirement for creating a healthy development environment for the psychological counseling in China.However,current law in China ignores the necessity of the existence of the disclosure behavior of psychological counselors,and there is not a sound legal system to guarantee the performance of the disclosure obligation of psychological counselors,which makes the effective performance of the disclosure obligation obstructed.The problems in the disclosure of information by psychological counselors in China can be divided into two categories: inadequate legislation regarding disclosure obligations for psychological counselors and the dilemma of conflict of interests faced by psychological counselors.The former of which includes the brief stipulation of the premise and scope of the disclosure obligation,the lack of protection of the visitors’ right to informed consent and the lack of legal liability for violation of the disclosure obligation,and the latter of which includes the conflict between the right to protection of personal information and privacy of visitors and public interests and the interests of third parties.In this regard,firstly,the prerequisites for disclosure of information by psychological counselors should be clarified,and a distinction should be drawn between mandatory disclosure and discretionary disclosure.Secondly,the object and scope of disclosure should be clarified,and the crucial boundary should be reasonably determined.Thirdly,the right to informed consent of visitors in the psychological counseling should be fully guaranteed.Finally,specify psychological counselors’ breach of disclosure obligations as a specific type of tort of omission. |
