Confidentiality in the Professions of Law, Medicine, Psychotherapy and in the Roman Catholic Church
Dissertation, The Ohio State University (
1988)
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Abstract
Confidentiality is generated by a promise between two or more individuals that communications made within the confines of their relationship will be protected by them from unauthorized disclosure. This promise creates an obligation for the recipient of the communications that he/she will not divulge the contents of the communications without permission of the one who gave the information. Confidentiality is held to be essential in the practice of law, medicine, psychotherapy and in confession in the Roman Catholic Church because without it, it is claimed, people would not seek the aid of these professionals or would not reveal information necessary for the professional to be of help. Given this, some people have argued that confidentiality is best understood as an absolute obligation. In my dissertation I examine arguments presented for and against maintaining confidentiality as an absolute obligation in the areas of law, medicine, psychotherapy and the Roman Catholic Church. I argue that confidentiality is best understood in these areas as a strong prima facie obligation. Although professionals in these four fields encounter different, given the standards and concerns of each area, sorts of clients and problems, I provide common guidelines as to when we are morally permitted to violate confidentiality