Privileged communications and professional privilege : a local and international perspective

Abstract

The thesis deals with professional privilege and privileged communications in respect of various professions. Professional privilege aims to promote important values, such as individual dignity and autonomy. It aims to give an individual a measure of control in respect of the disclosure of personal information and be able to make decisions independent of state interference. The legal position of lawyers, members of the medical profession, diplomats, auditors, priests, bank employees and police are assessed from a local and international perspective through an examination of the law and case-law. In this manner, one can easily perceive differences and similarities. This study illustrates the obligation of confidentiality and the duty of professional secrecy imposed on the various professionals and how the duty of confidentiality and the duty to report or disclose may sometimes conflict the other. The thesis will also focus on the exceptions to such obligation of confidentiality and professional privilege which in certain circumstances will override any other consideration. It will also address the resultant issues of having to undergo an undesirable balancing act between the rights and obligations of the professional himself, his client and those of the public interest. The closing chapter seeks to highlight the fact that privileges are not given to professionals in order to elevate them to any superior position, but rather to compound and acknowledge that professional privileges exist to benefit the client or organization which the professional pertains to. Ultimately the whole scope of enjoying professional privileges puts professionals at any level in a position to provide a service which is of advantage to the public at large.