The disclosure of psychological test data to non-psychologists has been hotly debated for over two decades.
Although court procedures require disclosure, doing so can also reveal test questions, potentially allowing people intent on cheating to benefit from foreknowledge of the information.
Moreover, if the questions are widely circulated, entire tests might become invalidated.
The issue is vital to psychologists in all areas who perform testing. Improper disclosure or withholding of test data can also have grave consequences for all stakeholders, so it is essential to carefully weigh the potential benefits and risks associated with disclosing (or refusing to disclose) test data to the courts
My friend and colleague, psychologist Bruce Borkosky, Psy.D., [CONTACT INFORMATION BELOW] who has written extensively on the subjects of the release of records, compliance with (and understanding) HIPAA has had his article on the release of psychological test data recently published. It is a systematic review of 152 state and Federal cases identifying
(a) How such disputes have been resolved,
(b) Whether or not public policy supports publishers’ or the legal system’s rights, and
(c) How might responses to requests for test data be improved?
From the abstract of his article:
Legal databases were searched for cases when test data disclosure was challenged. Selected data were extracted from each case and entered into an Excel spreadsheet.
Challenges to discovery included 305 arguments in 26 categories.
Common arguments included
(1) disclosures to non-psychologists,
(2) intellectual property laws,
(3) ethics code,
(4) rules of discovery, and
(5) confidentiality/privilege.
Results found that
(a) 66% of courts disclosed test data to non-psychologists,
(b) 10% to another psychologist, with
(c) 24% other outcomes.
Challenges based on state law and requests for protective orders were more successful. In terms of courts’ rationales, the rules of procedure or evidence were most often ascendant over other considerations (51%).
These results contradict prior commentary, which primarily advocated for withholding test data from the legal system. Recommendations regarding test data disclosure are offered to psychologists and psychological organizations.
For a copy of the article or to speak to Dr. Borkosky directly see his contact information below:
Bruce G. Borkosky, Psy.D. PA
305 Pine Tree Drive
Dothan, AL 36303
863-386-0276
800-919-9008
Email: [email protected]
