From time to time many Christians

and ministers find themselves in the

difficult situation where they possess
information that was given to them con-
fidentially and yet they carmot use that
information in any constructive way. It
seems that if a person prefaces their
remarks with a statement such as "Thisis
confiden tial and it carmot leave this
room" OT, "Don't tell anyone I told you
this," then no matter what follows those
statements it is presumed that we are
morally boundtokeepthemsecret. How
can we pronrise to. keep secret that
which we do not yet know? Such
unconditional commiUUents must be
avoided if we are to be faithful to
Christ. Pastors may especially find
themselvesinthissituationandtherefore
mustmakeitclearwhatlimitationsapply
to these situations.
In our day, "confidentiality" and
"privilege" is one of the sacred cows of
professional ethics. However, as is al-
ways the case for Christians, we must ask
the ultimate question concerning this
and all other issues - "What does the
Bible say about the matter?" This is our
only rule of faith and life, and we must
therefore rum to it in determining what
it teaches concerning privilege and con-
fidentiality. Does this practice stem
from scriptural teaching, and if so,
what are its limitations? Or, does our
modem view of this subject spring from
other sources such as tradition or hu-
manistic thought? The Scriptures cer-
tainly speak to this subject, as they do to
all others. Our personal and ministerial
policy must therefore be based solidly
upon a correct theological understand-
ing of what the Bible requires and pro-
hihits in this matter.
Scripture does not use the tenns
''privilege" or "confidentiality, "but it does
speak of secrecy, gossip and slander.
These ideas involve private infonnation
and its proper and improper uses. Se-
crecy, forexample,caneitherbe good or
evil. We are to give alms and to pray in
secret (Matt. 6:4), which the Father sees
in secret (Matt. 6:6); this is a good use of
secrecy. Yet Scripture speaks more often
of a secrecy designed to conceal evil.
There are those who "strike theirneighbor
in secret" (Dent. 27:24); there is the "se-
cretcounselofevildoers"cPs. 64:2); or, "our
secret sins" cPs. 90:8); we also read of
"secret slander" cPs. 10 I :5); it speaks of
those "who devour the oppressed in secret"
(Hab. 3:14); men were "secredyinduced"
to falsely testilY against Stephen (Acts
6: 11); or, falseteachets "secretly introduce
destructive heresies" (IT Pet. 2: 1). Related
to the idea of secrecy is that which is
hidden or dark. Scripture tells us that,
"men love the darkness rather than the light;
for their deeds were evil. For everyone who
does evil hates the light, lest his deed should
be exposed" Qo. 3:19-20). We can see
then, that much secrecy is used for the
bad purpose of covering up evil.
There are certainlymany times when
we should hold infonnation about an-
18 IHECOUNSEL ofOlalcedon November, 1992
other person and keep it to ourselves.
intimate relationships are built upon our
trusting others with infonnation that
could be used to hun us or others. As
Will become evident from the direc-
tives of Scripture, it is the righteous or
unrighteous use of that information
that is to be the determining factor in
whether or not private information is
revealed. The question must be asked,
"What is the purpose for revealing sensi-
tiveinfonnation? Is it to promote righ-
teousness, justice or peace? Or, is it a
matter of carelessness, insensitivity or
maliciousness?" The Bible demands the
fonner and prohibits the latter.
Gossip & Slander
Gossip and slander involve the
unrighteous use of true or false infonna-
tionconceminganotherperson. Gossip
fallsintotwocategories. First, gossipmay
be idle talk, which is careless and insen-
sitive infonnation that is spread to those
who have no real need to know it. It is a
way ofletting others know that we know
what is going on. This is the work of
busybodies who have nothing better to
do than nrind other people's business (I
Tim.5:l3). Or,gossipmaybeassimple
as a careless friend allowing sensitive
infonnation to slip out during a casual
conversation.
The second type of gossip is the ma-
licous gossip (I Tim. 3: 11). This person
has a clear, though often thinly dis-
guised, purpose of hanning the person
they are talking about. It may very well
be that what they are saying about the
person is true. However, rather than
speaking the truth in love (Eph. 4:15),
they are out to inflict wounds and do
damage (Prov. 17:9).
A third, and more dangerous type of
person the Bible calls a slanderer. The
slanderer adds a new dimension to the
gossip's desttuctive work in that he is
willingto perven the truthand lie against
the person he is speaking about. God
promises to destroy the slanderer (Ps.
101:5); he is a "perverse man who spreads
forgive their sins. The position of the
pl1est, as one who wouldheartheconfes-
sions of sinners, was held to be sacred.
The priest vowed not to reveal any
infonnation that came by way of the
confessional. This is lmown as the "seal
of the confessional" and must not be
violated. He heard the confession of the
sinner as a representative of God, but as
a man he forgot what he heard as soon as
being sued for a breach of confidence.
TlUth is held at bay in the interest of
pl1vilege - winning the case is more
important than justice.
Pragmatism & Promises
The argument is often put forth that
without privilege and confidentiality
people would be reluctant to come for-
ward and disclose matters of an intimate
nature. They could never go to confes-
strife" (Prov. 16:28); it is an "evil thing"
that proceeds 'from within" (Mk. 7:23).
The slanderer may be guilty of slander
duetoignoranceormisinfonnationabout
the person who they are speaking about.
They have heard one version of the story
and that's enough for them; they are
prepared to pass the infonnation along.
The slanderer may embellish a story to
make it a bit more dramatic and inter-
esting for the listener. Or, the
slanderer may deliberatelycal-
f?Jfe who goes a60ut
as a s{anderer
reveafs secrets,
therefore do not
associate with
culate to spread a lie and do
serious damage to the name
and reputation of Ins enemy.
There is no question that
the Bible forbids aU forms of
gOSSip and slander. As be-
lievers we are commanded
to set such conduct aside
(Eph. 4:31;IPet. 2:1). Weare
told not to even associate with
thosewhoconductthemselves
in this way (Prov. 20: 19).
Therefore, as we proceed with
our discussion of this subject
of privilege and confidential-
ity, there can be no doubt that
these unrighteous uses of inti-
sion, could never seek per-
sonal or legal counsel and could
never get the help they need
for fear of public exposure.
Biblically, our confession is to
be made directly to God (I
John 1:9) and He already
knows our secrets (Ps. 44:21).
The confessionalisnotneeded.
Legally, the innocent have no
fear of the tlUth coming out,
only those who have some-
thing to hide. Those seelting
counsel, presumably are
coming to gain help in solving
a problem. As long as they are
moving to solve that problem
there would be no need for a
mate infonnation are never allowed by
God. Deuteronomy 19: 17 tells us that
'you may surely reprove your neighbor, but
you shall nottncursinbecause of him." No
doubt, much of this unrighteous talk is
disguised as righteous concern. How-
ever, we must be discerning in these
matters and evaluate the motives of our-
selves and others.
Historical Roots
The concept of privilege and confi-
den1iality, as we have come to know it
today, is not a product of biblical
thinking. Instead, these concepts stem
from the false doctrine surrounding the
necessity of a pliest to interoede for our
sins. This false doctrine produced the
Roman Catholic Confessional where sin-
ners were to regularly go to confess their
sins. After the sinner confessed his sins
to the priest, the pl1est could then in-
tercede in behalf the sinner and actually
JJ
agosstp.
PriwerGs 20:19
counselor to reveal intimate
he left the confessional. How else could information.
sinners be encouraged to come to con-
fession?
laws were passed that protected the
priests, and kept others, including gov-
ernment officials, from being able to
demand that the priests reveal informa-
tion gained via the confessional. This
was a privileged position that the priest
held with regard to his parishioners that
could not be violated. This concept of
privileged infonnation was later extended
to protect others such as physidans and
attorneys. Confidentiality laws now go
beyond the idea of a person being pro-
tected fTOm forced disclosure ofinfonna-
tion to actually forbidding a person fTOm
disclosing certain information. Even
though an attorney may have received a
confession from hisc1ient concerning his
guilt in a crime, that attorney may not
reveal that infOlmation without 1151< of
However, for those with evil intent,
the idea of confidentiality can become
a convenient cover for their
unrighteous motives. They may want
to discuss a problem that they have no
intention of working to resolve. Or, they
want to pass on infonnationaboutsome-
one else, thus poisoning the well against
them, while maintaining their anonym-
ity and avoiding any real involvement or
responsibility in solving the problem.
They may disguise it as "concern" for the
otherperson, but they are not concerned
enough to run any personal risk of get-
ting hun; "Let me tell you this, but don't
tell anyone I told you." They want you to
know, but they don't want anyone to
lmow how you lmow. They want you
to have information that you cannot
reaUyuse to help anyone. We may not
agree to such evil.
November, 1992 * mE COUNSEL of Chalcedon 19
If, by not promising absolute confi-
dentiality, this means that some people
will not come "for help, this may be
good. People who are reallyinterestedin
help and righteousness and justice will
not hesitate to come, they have nothing
to fear. Those who want to continue to
hide thei.r deeds will no doubt remain
reluctant Wemaynotbeconspirators
in the hiding of evil. Ephesians 5:11
instructs us, "And do not partidpate in the
Urifruiiful deeds of darkness, but instead
even expose them."
In an article in the Journal of Past ora!
Practice, Lmy Spalink said: "In fact, it
seems tharfar most cqunselees who are
serious about solving their problems, .
confidentialityisnotan issue; they'll take
help no matter what the cost. But still,
this argumem is answered by ar;lother
remnant ofsacramentalism, i.e., the con-
viction that one needs only a minimal.
sorrow for sin for the sacrament to be
effective. A person need not be so sorry
for his sin that he must sacrifice his pride
for effective counseling to occur. This is
a sacramentarian attitude; it has no bib-
lical warnmt, Butithasfounditswayinto
the counseling theory and practice of the
great majority of counselors.' Our pri-
mary commitment must be to truth,
justice and righteousness, even when
Itmay cause some personal pain.
Policy Suggestions
Wemust seek a biblical policythat
places the emphasis on reconciliation
and peace, ratherthansecrecy. Inligluof
these. teachings on this issue, I would
propose the following as guidelines for a
more biblical policy regarding the use of
priyate information. These guidelines
may be adapted for personal orinstitu-
tional use:
I .. All forms of gossip and slander are
not permitted. I shall not gossip or
slanderanyonemyseJf, notshall I receive
gossip or slander from another party.
2. I will not agree to unconditionally
maintaininformationinconfidencesince
to do so would possibly require me to
other commands ofClutst.
3. Pastors, counselors and other in-
valved parties must be free to consult
with others (e.g., other ntinisters or
counselors), when necessary, in orderto
gain insight and help in resolving prob-
lems.
4. Ifapersonchoosestoinvolveother
persons in adiscussion of a matter, all
parties involved are free to discuss the
matter among themselves in the interest
of the nuth and a just resolution to the
problem. Thiswill facilitate greateraccu-
. racy ofinformation and help hold down
rumors and gossip.
5. If! reCeive information that may
prove harmful to the person giving the
informationorharmfultoothers,ltismy
moral obligation to reveal. or use that
information in order to prevent such
hatmful or unjust affects. Examples of
such situatiotis are these:
~ A person reveals plans to conirnit
suidde.
b. A person indicates that they plan
. to .commit a crtm.e or an .iIDIUOra! act
such as theft, adultery, abortion, deceit,
etc.
c. Information you pOssess will clear
an innocent party or convict a guilty
party.
6. If I receive information from a
third party regarding the sin, cOnflict; or
other problem of another person, I may
find it- necessary to reveal the source of
my information to the troubled party in
order to provide godly help for that
person.
7. Iricasesinvolvingajudidalaction,
(e.g"churchcoun,dvilorctiminalcoun),
I may find it necessary to reveal private
information in order to facilitate a righ-
teous and just judgment in the matter.
a. Inmatterswherelamtheredpient
of accusations, I may find it necessary, in
order to facilitate a just judgment, to
reveal privateinformationaboutanother
person.
9. The above drcumstances may
apply to information that is received in
formal or informal counseling sessions,
letters, notes, phone or private conver-
sations.
20 , TIlE COUNSEL of Chalcedon November, 1992
The idea thewe maynever talk about
another person, under any circumstances
is a false and unbiblical notion. We may
not gossip about or slander another per-
son, but we may discuss that person and
matters pertaining to them when we are
genuinely seeking to obtain the nuth in
orderto brtngabouta just and righteous
resolutiontoaproblem. Wemustremain
silent where SctiplUre permits silence,
but we must likewise speak up when
faithfulness to Sctipture reqUires such
revelation.n
I LanySpalink, "warning: ThlsOfficeBugged
By the Holy Spirit," The Joumal o[ Pastoral
Practlce, VoL3, No3, Presbytertanand Re[onned
Publishing Co" Phillipsburg, Nj, 1979, pp. 5S-
59,