Wrapped in silence: Psychotherapists and confidentiality in the courtroom

The impact of the Austrian Psychotherapy Act, which, in contrast to legal p rovisions in the United States, does not provide for any exceptions to brea ch confidentiality, is compared with the effects of U.S. law on dealing wit h confidentiality. The authors investigated the impact of this law in light of three common situations in psychotherapy that may jeopardize strict con fidentiality: treating potentially dangerous patients, giving testimony, an d serving as a psychotherapist in prison. Under the strict provisions of th e Austrian psychotherapy Act, a breach may be excusable in the case of a hi ghly probable danger, but Austrian psychotherapists cannot be obliged to se rve as witnesses or an experts in civil or criminal cases, as American psyc hotherapists can. Psychotherapy in prison, where release is contingent on t he success of the therapy and the divulging of information could be in the interests of the patient as well as the court and the public, requires a mo dified dealing with confidentiality.