{"id":3179,"date":"2016-06-07T09:30:18","date_gmt":"2016-06-07T13:30:18","guid":{"rendered":"https:\/\/www.ata-divisions.org\/ID\/?p=3179"},"modified":"2018-11-04T16:40:20","modified_gmt":"2018-11-04T20:40:20","slug":"toward-a-quieter-code-of-silence","status":"publish","type":"post","link":"https:\/\/www.ata-divisions.org\/ID\/toward-a-quieter-code-of-silence\/","title":{"rendered":"Toward a Quieter Code of Silence: Upholding the Ethical Standard of Confidentiality"},"content":{"rendered":"
By Jennifer De La Cruz<\/strong><\/h5>\n
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\"[TowardR<\/span>egardless of the venue in which we provide our services as interpreters, one of our most critical duties is to preserve the privacy of the information we learn about those we serve. Professional codes and standards from such organizations as the National Association of Judiciary Interpreters and Translators[1]<\/a>, ATA[2]<\/a>, and the Judicial Council of California[3]<\/a> have taken great care to highlight the importance of confidentiality, often taking matters a step further by providing practical examples and pitfalls that benefit new and seasoned interpreters alike. This article outlines just a few examples of such pitfalls from criminal court and offers some thoughts on how to avoid the slippery slope leading to inadvertently divulging information that is subject to attorney-client privilege and general privacy standards.<\/p>\n

I would venture to assert that just about anyone who studies interpreting, and perhaps even those who do not, can embrace the importance of preserving confidentiality in this profession. Moreover, these individuals are likely capable of explaining the concept of confidentiality in great detail. Of course, the basic message behind the standard is \u201cdon\u2019t,\u201d and I truly believe that professional interpreters have a phenomenal reputation for strict adherence to this rule. Perhaps some find it very easy; others likely find it more of a challenge, while still others may not realize they have broken the rule. My experience is that some settings are simply conducive to the casual divulging of information, whereas others represent such a stringent, guarded environment that the interpreter hardly wants to utter a salutation, let alone improperly reveal a secret. That said, how can we as professionals ensure that our duty to avoid breaking a veritable \u201ccode of silence\u201d is upheld regardless of our surroundings?<\/p>\n

What Information?<\/h3>\n

As we will see below, it is not really a matter of defining what information should be kept confidential. Instead, we need to treat all information, whether public or privileged, as something to protect, even if just to develop good habits that can be applied across the board. Considering that interpreters are expected to maintain neutrality, which is another topic altogether, avoiding unnecessary discussions about case information can promote impartiality.<\/p>\n

[pullquote align=”right” color=”#195392″ size=”18″]“…we need to treat all information, whether public or privileged, as something to protect”<\/em>[\/pullquote]\n

Unintended Recipients<\/h3>\n

Jurors and opposing counsel most likely come to mind when we think of the players in the criminal court system with whom we make an extra effort to avoid sharing confidential information. However, even if we never expressly reveal information directly to these or other participants in a criminal case, we need to remember that even the most unsuspecting walls can have ears. Consider these scenarios:<\/p>\n