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TRATON HEADLINE: Breach of Trust by Those Holding Special Privileges
In his blog, Sam S. Han, Ph.D., J.D., writes as follows:

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A recent article in the L.A. Times reported that Cardinal Mahony was assaulted by a hostile individual that was enraged by the scandal relating to the Roman Catholic priests. The assault on the cardinal is troubling in itself. But, what is even more troubling is the fact that this story was shared with the press by several priests, all of whom were expressly requested to keep this confidential, and all of whom have requested anonymity. One of the most sacred relationships is that of priest and penitent. As such, the privilege between the priest and the penitent generally prohibit others from discovering any communications between the penitent and the priest. All of this, of course, is based on the presumption that the priest is able to maintain confidentiality of sensitive information that is disclosed to the priest. Events like the one involving Cardinal Mahony show that some priests are unable to keep information confidential. Some would argue, with some legitimacy, that those loose-lipped priests are unworthy of the immense trust that they have been given. It is bad enough that the entire Roman Catholic Church had its name dragged through the mud because of a handful of priests that betrayed the trust of their parishioners. The added insecurity of doubting whether a priest can keep confidential information from becoming public now deteriorates even further the trust given to these priests.

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While it is true that Roman Catholic priests are entrusted with the secrets of its parishioners, it is also true that other professions have similar privileges that require the professionals to maintain secrecy (with very narrow limitations). For example, the doctor-patient relationship requires the doctor to keep the patient's medical history, and any communications to the doctor, secret. Likewise, psychiatrists enjoy the same type of privilege, which keeps snooping outsiders at bay.

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Historically, one of the most notable privileges is the attorney-client privilege, which protects all of the communications between the attorney and the client, with very few exceptions. Once that privilege is broken, it exposes the attorney to liability, insofar as the attorney has failed to safeguard the client's sensitive information. One Cincinnati Post article reported that identity thieves used a Hamilton County website to pilfer personal information that had been made publicly available by attorneys filing documents, such as bank account numbers and medical records, with the court. Apparently, those documents had been made available to the public via the Internet in the state's efforts to comply with the state's open records law. While an attorney has no obligation to maintain secrecy of an opponent's sensitive information (in the absence of a protective order or other agreement between the parties), an attorney definitely has an obligation to maintain secrecy of his or her own client's sensitive information. There is a lesson to be learned for those divulging information to priests, doctors, psychiatrists, lawyers, or any other individual in a profession that recognizes a privileged or confidential relationship. Namely, it is first to make sure that the professional is trusted and reputable. And, even then, one must still continue to remind the professional of the sensitive nature of certain information that one provides to the professional. Reporting for Traton News, Morley Moore

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