Confidentiality and Clergy: Churches, Ethics, and the Law

This book has a few outdated pieces, given that it is fifteen years old, but still is essentially a good overview on confidentiality issues when it comes to those in ministerial and clerical roles. The idea of the absolute requirement for confidentiality is a misconception, as author William Rankin points out. There are many circumstances in which confidentiality not only can be broken, but should be broken - the ongoing commission of criminal and hurtful activity, for example. Comparing the clerical role with the role of attorneys in attorney/client privilege, Rankin highlights several important cases in each kind of relationship in which the limits of confidentiality have been tested, not only in legal terms, but also in terms of basical moral and ethical decency. Rankin gives a sociological/psychological assessment of the idea of clergy confidentiality, as well as a brief history of how the idea of clergy confidentiality came into being, with a particular emphasis on the Anglican/Episcopal tradition. There are elements that are similar to Roman Catholic practice, and elements that are more akin to mainline Protestant ideas. Rankin uses terms like 'seal of the confessional', making the statement, 'I cannot conceive of any priest allowing any exception, except in the most extraordinary instance,' of divulging the contents of a formal, ritual confession. It is precisely in that gray area, however small, that the test cases arise. What qualify as extraordinary circumstances? By what criteria does a priest judge these circumstance? Rankin also looks at issues of relationship with medical professionals and counselors as both models as well as fellow professional with whom the clergy person must interact. There are far more stringent rules for patient privacy now than in 1990, so some of the guidelines here are in need of revision; however, many of the issues discussed here are at least theoretically valid, and can serve as minimum standards for the discussion. Beyond the theoretical, Rankin demonstrates from his personal experience the value and the limits of confidentiality. This involves both his own experience as rector with a parishioners who had difficulties with the financial books, as well as the experiences of others in institutional and public settings. He demonstrates the quick way in which media reports, even from friendly and innocuous media outlets, can become guilty-by-reporting situations for the unfortunates who have not had an appropriate hearing. There are many issues here worthwhile exploring for those in helping and ministerial professions, and at the very least will give an insight into the difficulties that can arise from breaches of confidentiality.