Liberties member the Belgian League of Human Rights (LDH), together with the Services for the rights of the youth of Brussels, the Oversight Committee of Social Work and the Haute École Bruxelles Brabant, are calling the attention of professionals in all sectors to Article 458ter of the Criminal Code, which establishes, since 3 August 2017, that professional secrecy can be lifted within the framework of so-called case consultations. From a legal perspective, this represents a significant invasion into professional secrecy and leaves much to be discussed.

The law provides that case consultations between the prosecution, the police and medical, social and psychological workers can be held in cases where the protection of the physical or moral integrity of a person is at stake.

This can be the case in a situation of child abuse, for example, but also in situations of property offenses. But if these consultations are not restricted to situations of extreme danger, this will lead to their widespread use. These collaborations will be held without the presence of those who reveal their secret(s) and without their consent. They will also be organized between professionals who work in very different areas, inviting further breaches of professional secrecy.

Professional secrecy is essential

The police and officials within the justice system do not have absolute powers. Professional secrecy aims to protect essential values, such as the right of defense, the right to privacy, the right to medical, psychological and social assistance, and the necessity to have a space of confidentiality.

Along with the aforementioned organizations, LDH published a report based on a study day held in January with professionals on this issue. The Belgian NGOs remind everyone what professional secrecy is about and what is at stake with this new legislation, and offer some questions that professionals need to ask themselves when they are summoned to attend such a "case consultation": is my participation compulsory? Must I reveal pieces of information? What pieces of information does the letter of convocation contain? Must I inform the recipient? Must I offer the presence of the recipient? What kind of information can be disclosed? etc.

The youth, health, justice and social aid sectors are all concerned by these new case consultations and will, sooner or later, be summoned to attend a consultation in order to share information about citizens.

This is why it is very important for every professional to rethink his or her practices, taking into account these legal changes and keeping in mind that protecting professional secrecy is the rule, while revealing information is the exception!

Useful links:

• Report on the study day (from January) and benchmarks for professionals.
• Videos of the speeches of the study day.