The Ecclesial Duty of Secrecy

Abstract

In formal penal proceedings, it is often difficult to find the proper balance between what can be said and what must be said and, conversely, what can and must remain unsaid.  The search for that balance leads one to consider the different types of secrecy (confidentiality) whose observance constitutes a canonical obligation for those faithful in the Church who are involved in proceedings concerning delicts (ecclesiastical crimes). The article examines various types of secrecy in their moral and canonical contexts, highlighting the difficulties surrounding the need to bring forward information in penal proceedings, and noting as well questions of having access to what is known while needing to protect the rights of the persons involved.  In current legislation, a large part of the application in this discernment is left to ecclesiastical authority, called to find the proper balance between the rights of individuals and the rights of the community.