Article 88 Reports commissioned by the Client
Reports commissioned by the Client may be given only to the Client, preferably in writing.
Article 89 Consent required for Reports to Third Parties
The Client’s prior Specific Consent is required for Reports to Third Parties. In order to obtain the Client’s consent, the psychologist must give the Client the opportunity to inspect the Report beforehand.
Article 90 Reports to Third Parties
Reports to Third Parties must generally be in writing. If it can be substantiated that written reporting is not in keeping with the purpose of the Assignment, it must be agreed beforehand that the reporting will take place orally.
Article 91 Opportunity to inspect the Report before it is issued
If the psychologist reports to Third Parties, he or she must give the Client the opportunity to inspect the Report before it is issued. The right of inspection does not apply to parts of the Report that relate to other persons. When the Report is actually issued, the psychologist must give the Client a copy on request, insofar as the Report relates to the Client.
Article 92 Oral Reports to Third Parties
f the psychologist wishes to report orally, subject to Article 90, the psychologist must first discuss the content of the Report with the Client.
Article 93 Correction of, additions to or deletion of Data in the Report
The Data in the Report of which the Client demonstrates that they are factually incorrect, incomplete or irrelevant in light of the purpose of the Report must be corrected, supplemented or deleted by the psychologist. This does not apply to the findings and conclusions, which are the psychologist’s professional responsibility.
Article 94 Blocking the Report to the External Principal
A Client has the right to block the Report to the External Principal. However, the Client does not have that right if that right does not apply or is excluded on the grounds of a statutory provision. If no statutory provision applies, the psychologist may conclude that there is a compelling interest that opposes the right to block the Report. In both cases the psychologist must give the Client the opportunity to record in writing any objections he or she may have to the Report and must send those objections to the External Principal together with the Report. If the Client does not have the right to block the Report, the psychologist must inform the Client accordingly in writing before entering into the Professional Relationship.
Article 95 Right to inspect and block a Report on a Client System
Clients cannot simply rely on the above provisions regarding the inspection and blocking of the Report if they form part of a Client System. The purpose of the Report and the confidentiality in relation to the other persons may oppose the right to inspect and block the Report. In that case, the Client must be informed accordingly before the establishment of the Professional Relationship.
Article 96 Provision of Data on persons other than the Client
In issuing Reports the psychologist must limit his or her opinions and advice to those related to the Client and may not give any opinions or advice on any person other than the Client. If the purpose of the Report requires the Provision of Data on a person other than the Client, the psychologist must limit those Data, if possible, to Data that he or she obtained on the basis of his or her own observations or investigation. The Specific Consent of the Person Involved is required for the provision of such Data. If the psychologist considers it necessary to record Data in a Report on a person other than the Client that he or she has not obtained on the basis of his or her own observations or investigation, the psychologist must exercise great restraint in doing so and must always state the source and the relevance of the Data.
Article 97 Limiting Reports to essential Data
A psychologist must limit his or her Reports to the information and assessments required for the purpose of the Report. The Report must meet at least the following requirements:
- it must state the facts, circumstances and findings on which it is based; and
- it must demonstrate a suitable method of investigation used in answering the questions presented;
- it must be clearly apparent from the Report on what grounds the findings and conclusions are based and what limitations apply;
- it must state the sources on which it is based, including the literature used and the persons consulted; and
- it must state that the Report is confidential and after what period of time the conclusions have reasonably lost their validity.