Pastoral confidentiality is more than just trust

Confidentiality is a huge concept today. It used to be an agreement among friends (or perhaps enemies) that whatever was said or done was secret, and sometimes a “handshake” was the bond that established it. Today, confidentiality is much more specific. Handshakes are not considered evidence in a court of law and a person’s word is almost always suspect.

To be sure, there are many different kinds of confidentiality today. What is true for one group of people may not be for another. Consider that there are doctors, lawyers, fire people and law enforcement personnel, and even elected officials who may claim confidentiality. In addition, there are certain kinds of confidentiality mandated by law, such as the HIPPA laws which govern what happens in our medical facilities. There also are strict confidentiality guidelines for pastors and chaplains.

While I cannot speak for the confidentiality of other groups, I can speak with some degree of authority about the confidentiality of pastors and chaplains. Although the guidelines today are often changing the requirements for who may be a pastor or chaplain, in almost every situation confidentiality hinges upon a person’s ordination. Every major religious denomination in the United States has specific regulations regarding who may or may not be ordained. Most of these include a certain amount of education and experience, and the examination of the candidate by a select committee to determine if ordination is warranted. Since ordination may be by either a church or denomination, some organizations have elected to bypass many of these regulations today, something which is causing some confusion in the area of confidentiality.

Endorsed chaplains — those who are endorsed by either a particular denomination or professional organization — must also adhere to strict guidelines. While including certain education and ordination, endorsed chaplains must also complete a prescribed program of training designed specifically for them — four units of clinical pastoral education. These are usually taught in a hospital setting (but not always), and two of our major hospitals in this area offer this training. Upon completing their training, chaplains then must submit to a very detailed examination by other competent chaplains or professionals before they may be listed as being endorsed. The American Pastoral and Chaplain Organization in the United States sets the standard to which most commissioning organizations adhere.

Having said that, it is important to note that almost anyone may be either a pastor or a chaplain if someone says so. Thus, many pastors have not received their formal training or any recognized ordination. The same holds true for chaplains, many who serve in that capacity just because some group needs them. However, please recognize that the requirements for pastors and chaplains do not say anything about their effectiveness in their positions.

As stated before, confidentiality for pastors and chaplains normally resides with their ordination. The same holds true for military chaplains, although they have other guidelines set by law. Simply speaking, a pastor or chaplain may claim confidentiality when the conversation is between himself and one other person in a confined room (space) with no recordings or notes being taken and never over the telephone. Strictly speaking, this is called “legal” confidentiality. Except in rare instances, the legal system in our country will not recognize confidentiality when it involves groups or involves someone who is not properly ordained. Unfortunately, there have been numerous pastors and chaplains who have spent time in jail thinking they had confidentiality privileges when in fact they did not, and a judge held them in contempt of court.

Of course, there is another kind of confidentiality that exists between individuals and even groups. For instance, if a law enforcement chaplain does not keep confidences between himself and officers, deputies, and the command staff, you may be sure he or she will be rejected by everyone involved. I’m sure that the same holds true for confidentiality in every other setting. If we do not trust someone to keep our confidences, we treat them superficially and do not share our personal information with them.

It also should be noted that certain types of information cannot be treated confidentially. For instance, if a law enforcement chaplain is sworn into his or her office, breaking the law may not be confidential. Also, if someone shares an intention to hurt himself or someone else, that must be shared with the proper authority. Chaplains and pastors also are mandatory reporters, which means they must report any sexual crimes or threats to children. Thus, everything on earth is not confidential; the only true confidentiality resides in God through Jesus Christ.