Duty of Priest to Keep Confidential Letters and Conversations

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Can the protection of the seal of the confessional be given for a discussion with a priest about a personal struggle?

Does a priest have any extra duty above that of the average layperson to keep confidential correspondence such as letters or telephone calls if asked?
 
The *seal of Confession *only applies to Confession, not to other conversations or correspondence with a priest.

If the priest is trained/certified as a therapist, counselor, or psychologist then there would likely be some sort of patient confidentiality. These laws vary by state, and are a *civil matter *not a church matter.

You should consult an *attorney *if you have serious questions in this area.
 
Can the protection of the seal of the confessional be given for a discussion with a priest about a personal struggle?

Does a priest have any extra duty above that of the average layperson to keep confidential correspondence such as letters or telephone calls if asked?
The “Seal” is only for that which is discussed in the Sacrament of Confession, Which should take place in the confessional. Telephone calls, letters, conversations outside of Confession do not have this protection.
 
While they may not have a spiritual or legal requirement, the priests I know tend to be very discreet. They don’t go around talking about the problems of various parishioners.
 
While they may not have a spiritual or legal requirement, the priests I know tend to be very discreet. They don’t go around talking about the problems of various parishioners.
I agree. I don’t think any priest will “gossip” or freely talk about the case they counseled about, especially if you ask him to keep it between the two of you only.
 
Perhaps, this can and should be broadened a little. It is important that the Christian faithful know that they can approach priests outside of the confession with intimate or potentially harmful revelations and yet possess the general expectation of confidentiality (con+fidere = to trust with). Not all duties are merely legal. Many are moral.

Some general comments can be made about secrecy and confidentiality in Church ministry, although it would be necessary to evaluate any concrete and particular case in detail before giving particular opinion.

While a communication with a cleric, apart from sacramental confession to a priest (see c. 983), does not enjoy absolute or inviolate confidentiality, clerics do have a recognized heavier duty to preserve certain things which may be revealed to them in connection with the sacred ministry (i.e., the ordained ministry).

The general duty of all is presented in canon 220: No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy. This addresses both a right to reputation and to privacy which the Christian faithful possess and their obligation in regard to others. In one sense, willfully violating another’s reputation could result in severe ecclesiastical penalties (c. 1390). Indeed, reparation for damage would be required of someone unlawfully causing harm to another by a malicious or culpable act (c. 128). A person failing to take due precaution about something could be culpably negligent. The right to reputation and privacy (apart from sacramental seal) is not by itself absolute though, since the canon expressly considers the possibility of harming legitimately a reputation. For example, a diocesan bishop who makes known that a person has been excommunicated or removed from ministry would not inflict harm illegitimately, since these facts would need to be publicly known to protect the Christian faithful. So those personal rights have to be considered in light of the common good of the Church by church authority (c. 223). Individuals, for a just reason, can freely divulge secrets about themselves. But if they lawfully impose restrictions on the person to whom a confidence is given, it seems that one is obliged to keep the secret. The Catechism would be a useful source to consult on the broad moral issue here.

There are several forms of confidentiality in canon law, the inviolate seal of the confessional being the most obvious. Other cases when secrets must be kept involve religious life, penal and contentious tribunal trials. The bishop can determine the appropriate kind of secrecy in his curia (c. 471) and so can a superior in certain situations (c. 127). Persons can be bound to pontifical secrecy, there is also the notion of the secret of the Holy Office. There are also restrictions in regard to clergy and religious and candidates for orders or vows and communicating aspects of medical or psychological treatments or assessment.

Apart from that, a case can be made for ministerial secrecy on the basis of canon 1548 §2, 1º. This exempts a number of persons from the obligation to testify in a tribunal trial: clerics in regard to whatever was made known to them in connection with their sacred ministry; civil officials, doctors, midwives, advocates, notaries and others who are bound to professional secrecy, even by reason of advice rendered, as regards matters subject to this secrecy. This list is not an exhaustive one. For example, a case could be made that a lay parish staff member is obliged to maintain similar confidences. The code also treats the matter of confidential documents in a Church trial in a similar manner (c. 1546).

So my opinion is that a cleric need not draw upon any special status as a trained or certified professional in another discipline. The obligation can arise by virtue of a revelation made known in connection with the sacred ministry itself.

It seems to me that a duty of preserving ministerial confidence should be understood to exist if a) the person manifests an explicit and reasonable request to the priest, or b) revelation of the subject matter itself would illegitimately harm a person’s reputation in the common estimation, or c) the context of the discussion would indicate that confidentiality is implicitly requested. More could be said of this and said better, of course.

One difficulty that arises is determining when a conversation with a cleric is merely personal as opposed to one conducted in connection with the sacred ministry? But when a personal struggle is discussed with a priest, this seems to fall in the domain of a protected communication as far as Church law goes. A civil lawyer would have to be consulted in terms of possible civil protection though.
 
As always, thank you Deacon John for your detailed explanation.

I was interpeting the question posed by the OP to be related to civil matters. I was not assuming it was regarding a priest gossiping about his parishioners or revealing material in an imprudent way.

I appreciate you taking the time to outline all the various aspects of confidentiality.
 
From the Catechism of the Catholic Church:

"IV. RESPECT FOR THE TRUTH

2488 The right to the communication of the truth is not unconditional. Everyone must conform his life to the Gospel precept of fraternal love. This requires us in concrete situations to judge whether or not it is appropriate to reveal the truth to someone who asks for it.

2489 Charity and respect for the truth should dictate the response to every request for information or communication. The good and safety of others, respect for privacy, and the common good are sufficient reasons for being silent about what ought not be known or for making use of a discreet language. The duty to avoid scandal often commands strict discretion. No one is bound to reveal the truth to someone who does not have the right to know it. [footnote 282: Cf. Sir 27:16; Prov 25:9-10.]

2490 The secret of the sacrament of reconciliation is sacred, and cannot be violated under any pretext. “The sacramental seal is inviolable; therefore, it is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason.” [footnote 283: CIC, Can. 983 # 1].

2491 Professional secrets - for example, those of political office holders, soldiers, physicians, and lawyers - or confidential information given under the seal of secrecy must be kept, save in exceptional cases where keeping the secret is bound to cause very grave harm to the one who confided it, to the one who received it or to a third party, and where the very grave harm can be avoided only by divulging the truth. Even if not confided under the seal of secrecy, private information prejudicial to another is not to be divulged without a grave and proportionate reason.

2492 Everyone should observe an appropriate reserve concerning persons’ private lives. Those in charge of communications should maintain a fair balance between the requirements of the common good and respect for individual rights. Interference by the media in the private lives of persons engaged in political or public activity is to be condemned to the extent that it infringes upon their privacy and freedom."

From vatican.va/archive/catechism/p3s2c2a8.htm .
 
Ohio,
In a professional or spiritual situation their is a matter of privacy that is to be respected especially when you are helping someone. It has to do with ethics.
The only time in a professional or spiritual situation you SHOULD disclose something is when it involves hurting oneself or another.
If you think something should not have been said and this priest is helping you in some way you felt was private, let him know. Of course, you could go to someone else.
 
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