APA 2002 ethics, amphibology, and the release of psychological test records: a counterperspective to Erard

APA ethics have sought to uphold the practice of psychology and protect its invaluable contribution to psychological assessment, namely the development and validation of tests and other psychometric measures. Faced with formidable challenges from the Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations, the 2002 revision of the American Psychological Association (APA) ethical standards abandoned its protective stance. It makes previously protected material (i.e., answers, notes about testing, other forms of raw data, scoring, and test items included on protocols with answers) almost completely accessible to clients and others. Without any professional protections, the worldwide dissemination of these materials via the Internet is virtually assured. In this article, I examine the confused language of Ethical Standard 9.04 (a) with its permissive language and concatenated use of the or conjunction. I evaluate the release of test materials in light of nonmaleficence as both an aspirational principle and an enforceable standard (3.04). Relying on official statements from APA and other prestigious organizations, I document the substantial harm to clients, the community, and the profession of psychology in eroding test security.