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Confidentiality In Military

Decent Essays

This project will develop a strategy to help Unit Ministry Teams increase Soldier use of Army Chaplain services by increasing Soldiers’ awareness of the absolute confidentiality of Chaplains. Society generally understands confidentiality as keeping personal information secret or private. However, this dissertation carries a more doctrinal understanding of the term “confidentiality” in the context of privileged military communications.
In general, confidentiality refers to keeping personal information secret or private. However, there are technical distinctions in the military when it comes to closely-held communications, and military Chaplains come across these in their ministry: privileged communication, confidential communication, sacramental/confessional …show more content…

In the military, privileged communication is communication not admissible in court or legal action. “Privilege cannot be violated by either commanders or the courts.” Courts can only have access to privileged communication if the court rules that privilege did not properly exist at the time when the communication took place.
Confidential communication is a broader concept of protection than privileged communication, in that confidential communication is communication “not intended to be disclosed to third party persons in any context, legal or otherwise.” Army Regulation 165-1: Army Chaplain Corps Activities states:
Privileged [communication] and confidential [communication] are often considered synonymous. However, when they are differentiated, privileged communications refer to information which is not admissible in a court or legal action, while confidential communications is a more general concept, referring to information which is protected both in and out of the legal …show more content…

Some of these Chaplains have communications that takes place as part of “sacramental confession” in their denominations and endorsing agencies. Sacramental/confessional communications exist in a religious relationship, where a confessing person communicates with a religious official. Generally, the relationship and communication involve the confessing person finding solace or forgiveness for sin. Oftentimes, the confessing person believes that the religious official mediates forgiveness. The confidentiality of such communications is primarily governed by the clergy’s religious group; however, local and state laws have challenged the privileged nature of this penitent-clergy or sacramental/confessional communication. It should be noted that overlaying the licensing religious group and state laws is the Army Regulation specifying that the confidentiality of sacramental/confessional communication is to remain intact and cannot be waived by any authority including the confessor. On the other hand, in non-military chaplain contexts, sacramental/confessional communication may not be fully protected as some mandatory reporting laws and some duties to warn do not exempt clergy or sacramental/confessional communication. “If the [civilian] pastor is a mandated reporter and failed to report instances of child physical or sexual abuse to the authorities, this conduct is criminal in many

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