Confidential Communication

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Confidential Communication

A form of Privileged Communication passed from one individual to another, intended to be heard only by the individual addressed.

A confidential communication is ordinarily between two people who are affiliated in a confidential relation, such as an attorney and client, Husband and Wife, or Master and Servant.

If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter.

Cross-references

Attorney-Client Privilege; Marital Communications Privilege; Physician-Patient Privilege.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

confidential communication

n. certain written communications which can be kept confidential and need not be disclosed in court as evidence, answered by a witness either in depositions or trial, or provided to the parties to a lawsuit or their attorneys. This is based on the inherent private relationship between the person communicating and the confidante's occupation or relationship to him/her. They include communications between husband and wife, lawyer and client, physician or other medical person (most therapists) and patient, minister or priest and parishioner (or anyone seeking spiritual help), and journalist and source in some states. Moral conflicts may arise when a murderer or child molester confesses to his/her priest, who is pledged to silence and confidentiality by his priestly vows, and cannot reveal the confession in legal cases. (See: privileged communication, attorney-client privilege)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
"The new enhancement will automate this process via an online tool, located on CBP.gov, reducing the processing time of confidentiality requests to as little as 24 hours," the agency said.
It also extends the law so that it means a worker who signs up to a settlement agreement receives independent advice which must cover the limits of any confidentiality clauses, so they have all the relevant facts.
But she should not have even alluded to the settlement, per the confidentiality clause in the particular case.
The investigation, according to the suit, was launched to silence Brennan by applying the "strict confidentiality directive" against her.
In view of this evolving legal landscape, this article provides an overview of confidentiality in international arbitration and highlights some circumstances in which aspects of the arbitral proceedings or the award itself may become exposed.
Under the new GST procedural rules relating to "Bill to Ship to" transaction there is no protection of confidentiality of business transactions.
The undertaking for confidentiality is incorporated in documents referring to the heads of terms of a potential agreement, as well as in almost every commercial arrangement.
To make the primary goal of the article relevant to the SA context, I discuss whether the guidelines of the DoH with regard to biobanks incorporate the universally acknowledged ethical guidelines on privacy and confidentiality (of autonomous persons) and whether these guidelines are broadly in accordance with global bioethical guidelines.
There is no definition of these "objectively reasonable grounds," but the NLRB has indicated that they include situations where "corruption of [an employer's] investigation would likely occur without confidentiality" because "witnesses need protection, evidence is in danger of being destroyed, testimony is in danger of being fabricated, and there is a need to prevent a cover up." Unless there is basis for believing that an investigation may be corrupted for one of these reasons, requiring employee confidentiality will most likely be unlawful under the NLRA.
Medivation also confirmed that it entered into a confidentiality agreement with French drugmaker Sanofi and that Sanofi agreed to terminate its consent solicitation.
Absolute privacy, that is to say complete confidentiality of all information that the patient reveals to the healthcare provider, is neither possible nor desirable in the practice of medicine.

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