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Should Attorneys Have Access to Psychological Test Data?

By David A. Martindale

Justice is served best when both parties have all the information they need to support their position. Consequently, in my opinion, attorneys should be able to review psychological test data. I support that right for several reasons discussed below.

The revision of the Psychologists' Ethics Code demonstrates that attorneys are entitled to access to psychological test data. Standard 2.02 (b) of the now-obsolete 1992 Psychologists' Ethics Code (formally, the Ethical Principles of Psychologists and Code of Conduct) informed psychologists that they must 'refrain from the misuse of assessment techniques ' and take reasonable steps to prevent others from misusing the information these techniques provide. This includes refraining from releasing raw test results or raw data to persons ' who are not qualified to use such information.' The prohibition on data release was removed during the creation of the 2002 Code, and the pertinent section of Standard 9.04 (a) now reads as follows: 'Pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release. Psychologists may refrain from releasing test data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances release of confidential information under these circumstances is regulated by law.'

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