32.4.4

Confidentiality

Bishops, stake presidents, and their counselors have a sacred duty to protect all confidential information shared with them. This information may come in interviews, counseling, and confessions. The same duty of confidentiality applies to all who take part in membership councils. Confidentiality is essential because members may not confess sins or seek guidance if what they share will not be kept confidential. Breaching a confidence betrays members’ trust and causes them to lose confidence in their leaders.

Consistent with their duty of confidentiality, a bishop, stake president, or their counselors may share such information only as follows:

They need to confer with the member’s stake president, mission president, or bishop about holding a membership council or related matters. The stake president may also confer with his assigned Area Seventy. If needed, the Area Seventy refers the stake president to the Area Presidency. Only the stake president decides if a council should be held or its outcome.

The person moves to a new ward (or the priesthood leader is released) while membership action or other serious concerns are pending. In these cases, the leader notifies the new bishop or stake president about the concerns or pending action (see 32.14.7). He also informs the leader if the member may pose a threat to others.

A bishop or stake president learns that a Church member who lives outside the ward or stake may have been involved in a serious sin. In that instance, he confidentially contacts that member’s bishop.

It is necessary to disclose information during a membership council. All information gathered and shared as part of a membership council is confidential.

A member chooses to give permission for the leader to share information with specific persons. These may include parents, Church leaders, or others who may provide support. The leader does not share information beyond the permission the member has given.

It may be necessary to share limited information about the decision of a membership council (see 32.12.2).

In all other situations, the leader should refer to 32.4.5. These cases include when the law may require that a crime, such as child abuse, be reported to government authorities.

To assist leaders in protecting others and complying with the law, the Church provides help from trained professionals. To receive this guidance, leaders promptly call the Church’s abuse help line where it is available (see 32.4.5 and 38.6.2.1). Where it is not available, the stake president contacts the area legal counsel at the area office.

In only one situation should a bishop or stake president disclose confidential information without first seeking such guidance. That is when disclosure is necessary to prevent life-threatening harm or serious injury and there is not time to seek guidance. In such cases, the duty to protect others is more important than the duty of confidentiality. Leaders should contact civil authorities immediately.

If leaders keep notes or communicate with each other electronically, they safeguard access to this information. They also delete or destroy the information when they no longer need it. They do not unnecessarily share personal information.

Civil authorities might challenge the confidentiality required of a priesthood leader. If this occurs in the United States and Canada, the stake president seeks legal advice from the Church’s Office of General Counsel:

1-800-453-3860, extension 2-6301

1-801-240-6301

Outside the United States and Canada, the stake president contacts the area legal counsel at the area office.