Legal Definitions - confidential communication

A confidential communication refers to any statement—whether spoken, written, or nonverbal—exchanged between two individuals who share a relationship of trust and have a mutual understanding that the information will be kept private. The law often recognizes and protects these specific types of communications from being revealed, especially in legal proceedings, unless the protection is intentionally waived by one or both parties. For a communication to be considered confidential, it must be intended to be private and occur in a setting where privacy is reasonably expected, not in a public space where others could easily overhear.

• For instance, imagine a client attending a private therapy session. During this session, they share very personal and sensitive details about their mental health struggles and past experiences with their licensed therapist. Both the client and the therapist understand that these discussions are private and protected by law, ensuring the client feels safe to speak openly without fear of the information being disclosed to others. This scenario exemplifies a confidential communication because the information is shared in a trusted professional relationship, with a clear expectation of privacy and legal protection against compelled disclosure.

• Consider an investigative journalist meeting with a confidential source who has critical information about government corruption. The source agrees to provide documents and insights only on the strict condition that their identity will never be revealed and the information shared will be handled with the utmost discretion. This interaction is a confidential communication as it relies on a strong mutual understanding of privacy and trust, often supported by legal principles like reporter's privilege, which protects the journalist from being forced to disclose their source in court.

• Another example involves an employee who discovers serious financial misconduct within their company and reports it to the designated corporate ethics officer. The company's policy explicitly states that such reports will be kept confidential to protect the whistleblower from retaliation. The employee shares detailed evidence and concerns in a private meeting, trusting that the ethics officer will uphold this confidentiality. This is a confidential communication because the information is provided under an explicit promise of privacy within a structured, trusted channel, intended to facilitate ethical reporting without fear of personal repercussions.