Professional Confidentiality in a Psychologist’s Office: When Professional Confidentiality Has Its Limits (Legal Status 2026–2028)

Trust is the foundation of the relationship with a psychologist. When patients confide their deepest thoughts, they must be certain that they will remain behind the closed doors of the office. And as a general rule—that is exactly the case. Professional confidentiality is both an ethical standard and a legal obligation. However, the legal situation in Poland is currently in a transitional phase, which may raise questions. In this article, I explain what professional confidentiality for psychologists entails, what laws govern it, and where its limits lie.

The Two Pillars of the Mystery: The Present and the Future

The legal situation in Poland is currently changing, so it’s important to know the exact timeline:

• June 6, 2025 – The bill was submitted to the Sejm
• On January 23, 2026, the Sejm adopted the Senate’s amendments
• On February 12, 2026, the President of Poland signed a new law on the profession of psychologist.
• On February 18, 2026, the Act was published in the Journal of Laws (Dz.U. 2026, Item 187). The vacatio legis period begins on that date.
• On March 5, 2026, the first organizational regulations came into effect (Organizing Committee of the Chambers of Psychologists, registry of psychologists—Articles 139 and 151–159).
• May 19, 2028: The new law will take full effect (2 years and 3 months after its promulgation, in accordance with Article 161). On that date, the 2001 law will be repealed.

Current Status (through May 19, 2028) – Act of 2001

Article 14 of the current law clearly defines the foundations of professional secrecy:

Article 14 of the Act on the Profession of Psychologist and the Professional Self-Governance of Psychologists

1. A psychologist is obligated to keep confidential any information related to the client that is obtained in the course of their professional practice.

2. The obligation to maintain professional confidentiality cannot be limited in terms of duration.

3. The provision of paragraph 1 does not apply when:

1) the health or life of the customer or other persons is seriously at risk;
2) so provides the law.

 

Future Status (effective May 19, 2028) – Act of 2026

The new law clarifies and expands the duty of confidentiality set forth in Article 27. The provision is significantly more detailed than the previous one:

Article 27(1) of the Act of January 23, 2026, on the Profession of Psychologist and the Professional Self-Governance of Psychologists

1. A psychologist is required to keep confidential all information obtained in connection with the provision of psychological services.
2. The provision of paragraph 1 does not apply when:

1) this is provided for by separate provisions;

2) maintaining confidentiality may pose a danger to the life or health of the recipient of psychological services or other individuals;

3) it is necessary, solely for the purpose of providing further psychological services, to disclose to the person referred to in Article 26(7) the necessary information about the recipient of psychological services in connection with the psychological service being provided, after first obtaining the consent of the recipient of psychological services or his or her legal representative;

4) the psychological service was provided at the request of an entity authorized under separate regulations—exclusively with respect to that entity;

5) the recipient of psychological services or his or her legal representative gives written consent to the disclosure of confidential information, after having been informed of the consequences of such disclosure, unless the well-being of the recipient of psychological services is at risk and consent to the disclosure of confidential information has been given solely by the legal representative;

6) A psychologist shall provide testimony and explanations during proceedings concerning the disciplinary liability of psychologists—with respect to the circumstances covered by the proceedings.

3. If psychological services are provided simultaneously to more than one recipient of such services, written consent to the disclosure of confidential information is required from all recipients of those psychological services.
4. In the cases referred to in paragraphs 2 and 3, the disclosure of confidential information may occur only to the extent necessary. In the case referred to in paragraph 2(5), the scope of the disclosure of confidential information may be limited by the recipient of psychological services or the recipient’s legal representative.
5. A psychologist is bound by confidentiality even after the death of the recipient of psychological services, unless a close relative—as defined in Article 3(1)(2) of the Act of November 6, 2008, on Patient Rights and the Patient Rights Ombudsman—gives written consent to the disclosure of confidential information. A close relative who consents to the disclosure of confidential information may specify the necessary scope of such disclosure.
6. The exemption from confidentiality referred to in paragraph 5 does not apply if another close person objected to the disclosure of the confidential information or if the recipient of psychological services objected to it during their lifetime. The objection shall be attached to the psychological records of the recipient of psychological services.
7. In the event of a dispute between close relatives regarding the disclosure of a secret or the scope of such disclosure, consent to the disclosure of the secret is granted by the court referred to in Article 628 of the Act of November 17, 1964. – Code of Civil Procedure (Journal of Laws of 2024, item 1568, as amended³)), in non-litigious proceedings upon the request of a close relative or a psychologist. A psychologist may also file a motion with the court in cases where there are reasonable doubts as to whether the person requesting disclosure of the confidential information or objecting to its disclosure is a close relative. When granting consent to the disclosure of confidential information, the court may specify the scope of such disclosure.

The new law also explicitly establishes the principle that confidentiality remains in effect after the patient’s death (Article 27(5)), and that disclosure after death requires the written consent of a family member. Most importantly, the new law significantly strengthens the psychologist’s legal standing, giving patients even greater assurance of confidentiality.

When must a psychologist disclose a secret on their own initiative?

There are two key situations in which a psychologist’s duty of confidentiality is waived. Both relate to the protection of fundamental values and are precisely defined in Polish law.

An immediate threat to life or health

The first and most important exception, found in both laws, is a situation in which the life or health of the client or other persons is seriously threatened.

Article 14(3) of the Act on the Profession of Psychologist

The provision of paragraph 1 does not apply when: 1) the health or life of the client or other persons is seriously endangered;

The new Act of 2026 reiterates this exception : Article 27(2)(2) of the Act of January 23, 2026.

The provision of paragraph 1 does not apply when: […] maintaining confidentiality may endanger the life or health of the recipient of psychological services or other persons;

If a psychologist receives credible information that a client has a specific plan to commit suicide and the means to carry it out, the psychologist’s primary duty is to protect that person’s life. In such a situation, the psychologist must take appropriate action—inform the family, call an ambulance, or notify the police. A similar rule applies when a client poses a real threat to the life or health of others.

Legal Obligation to Report the Most Serious Crimes (Article 240 of the Criminal Code)

The second exception stems from the Criminal Code and applies to everyone, including psychologists. It concerns the legal obligation to report certain specified, most serious crimes to law enforcement authorities. Failure to report such information when one has credible knowledge of it is, in itself, a crime.

Article 240, § 1 of the Criminal Code

Anyone who has credible information regarding the criminal preparation, attempt, or commission of an offense specified in Article 118 (genocide), Article 118a (participation in a mass attack), Articles 120–124, Article 127 (coup d’état), Article 128 (attack on a constitutional body of the Republic of Poland), Article 130 ( espionage), Article 134: an attack on the life of the President of the Republic of Poland; Article 140: an attack on a unit of the Armed Forces of the Republic of Poland, a facility, or equipment of defense significance; Article 148: murder; Article 148a: accepting a contract to murder a person; Article 156: causing serious bodily injury; Article 163: causing a dangerous incident; Article 166: seizing control of a watercraft, aircraft, or public land transportation vehicle; Article 189: deprivation of liberty; Article 197, §§ 3–5; Article 198 : sexual exploitation of another person’s helplessness or mental incapacity; Article 200: sexual intercourse with a minor; Article 252: taking or holding a hostage or committing a terrorist offense; anyone who fails to immediately notify the authority designated to investigate such offenses shall be subject to imprisonment for up to 3 years.

 

Supervision — Case Discussion Without Disclosing Confidential Information

It is also worth mentioning here that supervision—that is, consulting with an experienced supervisor about one’s own work—is a professional standard and a tool for ensuring the quality of the care provided. As a general rule, it does not violate professional confidentiality—provided that the cases discussed are presented in an anonymized manner, without any data that would allow for the identification of the client. The supervisor does not provide services to that patient, so supervision does not fall under any of the six statutory exceptions. However, if the case description were detailed enough to allow for the identification of a specific person, both legal and ethical issues would arise.

Under what circumstances can a psychologist be exempted from professional confidentiality?

Even the strictest professional confidentiality has its procedural limits. Article 180 of the Code of Criminal Procedure governs who may compel a psychologist to disclose confidential information, and under what conditions. Currently—based on the current wording of Article 180, § 1 of the Code of Criminal Procedure— a psychologist falls under the general category of persons obligated to maintain professional confidentiality. This means that a psychologist may refuse to testify; however, both the court and the prosecutor may release the psychologist from this obligation.

Article 180 of the Code of Criminal Procedure [Professional and Official Confidentiality]

1. Persons obligated to maintain the confidentiality of classified information marked “restricted” or “confidential,” or to professional or functional secrecy, may refuse to testify regarding circumstances covered by that obligation, unless a court or prosecutor, in the interests of justice, releases such persons from the obligation of confidentiality, unless specific statutes provide otherwise. A complaint may be filed against a ruling on this matter.

The new Act on the Profession of Psychologist of 2026 significantly changes this situation. Article 134 of the Act amends Article 180, § 2 of the Code of Criminal Procedure, adding the word “psychologist” to the list of professions subject to stronger procedural protection —alongside notaries, attorneys, legal advisors, tax advisors, physicians, and journalists. This amendment will take effect on May 19, 2028, along with the entire Act. The current wording is as follows:

Article 180 of the Code of Criminal Procedure [Professional and Official Confidentiality]

2. Persons bound by notarial, attorney, legal advisor, tax advisor, medical, journalistic, or statistical confidentiality, as well as by the confidentiality of the General Prosecutor’s Office, may be questioned regarding facts covered by such confidentiality only if it is necessary in the interests of justice, and the fact cannot be established on the basis of other evidence. In preliminary proceedings concerning an interrogation or authorization for an interrogation, the court shall decide, at a hearing without the parties present, within no more than 7 days from the date of service of the prosecutor’s motion. An appeal may be filed against the court’s ruling.

 

Other situations in which confidentiality may be waived

It is worth noting that Article 14(3) of the 2001 Act lists only two exceptions to confidentiality: a threat to life or health, and cases where “the law so provides.” This second exception served as a loophole for other legal acts, but the Act itself did not specify any details. A psychologist had to look for a legal basis in several different laws at the same time.

The new Act of 2026 brought all exceptions together in one place for the first time and described them explicitly in Article 27(2). In addition to the cases of life-threatening situations and the obligation under Article 240 of the Criminal Code, which have already been discussed, this provision also governs the following situations:

An order from a court or another authorized entity. When a psychologist acts at the request of a court—for example, in a case involving legal incapacitation, determining child visitation rights, or assessing mental capacity—the psychologist is required to provide the results of the evaluation to the requesting party. Confidentiality is waived, but only with respect to that party and only to the extent of the request. The psychologist may not disclose the same information to the family, the employer, or anyone else (Article 27(2)(4)).

Minor Patients and Parental Rights. A child’s parent or legal guardian is the child’s legal representative and, as a general rule, may consent to the disclosure of confidential information. However, the new law introduces a significant exception: if the disclosure of information could endanger the child’s well-being—for example, when the perpetrator of the abuse is the parent themselves—the psychologist may refuse to disclose the information, even to a person with full parental rights (Article 27(2)(5)).

Patient Consent. A patient may, at any time, release the psychologist from the duty of confidentiality in writing—either in full or to the extent specified by the patient. However, the psychologist may not disclose more than is permitted by the consent granted (Article 27(2)(5)).

Sharing Information with Another Specialist. If a patient is referred to another psychologist or specialist, the psychologist may disclose the necessary information—but only with the patient’s prior consent and only to the extent necessary to provide further care (Article 27(2)(3)).

Disciplinary Proceedings. If a psychologist appears before the disciplinary tribunal of the Chamber of Psychologists, he or she may disclose confidential information to the extent necessary to defend himself or herself in those proceedings. This is an exception intended to protect the psychologist (Article 27(2)(6)).

It is also worth mentioning here that supervision—that is, consulting with an experienced supervisor about one’s own work—is a professional standard and a tool for ensuring the quality of the care provided. As a general rule, it does not violate professional confidentiality—provided that the cases discussed are presented in an anonymized manner, without any data that would allow for the identification of the client. The supervisor does not provide services to that patient, so supervision does not fall under any of the six statutory exceptions. However, if the case description were detailed enough to allow for the identification of a specific person, both legal and ethical issues would arise.

 

Penalty for the unlawful disclosure of a secret

A breach of the duty to maintain professional secrecy without legal grounds is a crime. This is provided for in Article 266 of the Criminal Code.

Article 266, § 1 of the Criminal Code

Any person who, in violation of the provisions of this Act or a commitment they have undertaken, discloses or uses information that has come to their knowledge in connection with their official duties, employment, or public, social, economic, or scientific activities, shall be subject to a fine, a sentence of restricted liberty, or imprisonment for up to 2 years.

 

Summary

A psychologist’s professional confidentiality is a fundamental principle that is specifically protected by law. Its boundaries are defined by concern for the highest value—human life and the safety of the most vulnerable. Patients can feel safe, but they must be aware that in extreme situations, psychologists have a legal obligation to act. If you’d like to discuss your situation, you can schedule a consultation.

Bibliography

[1] Act of June 8, 2001, on the Profession of Psychologist and the Professional Self-Governance of Psychologists (Journal of Laws 2019, Item 1026) – See text

[2] Act of June 6, 1997—Penal Code (Journal of Laws 2024, Item 17), Art. 240. – See text

[3] Act of June 6, 1997—Code of Criminal Procedure (Journal of Laws 2024, Item 37), Art. 180. – See text

[4] Act of June 6, 1997—Penal Code (Journal of Laws 2024, Item 17), Art. 266. – See text

[5] Act of January 23, 2026, on the Profession of Psychologist and the Professional Self-Governance of Psychologists (Journal of Laws 2026, Item 187) – See the text on ISAP

Disclaimer: This article is for informational and educational purposes only. It does not constitute legal advice. If you have any questions regarding a specific legal situation, I recommend consulting an attorney or legal advisor.