In law, privileged communication refers to communication or correspondence between people who owe each other a special duty of fidelity. The law usually recognizes privileged communication when one party owes the other a fiduciary duty, that is, to act primarily in the other party's best interest. This means they are not authorized to divulge information entrusted to them without the other party’s consent.
Privileged communication often exists in attorney-client relationships. It exists between a doctor and their client. Privileged communication exists between a parishioner and their congregation. Similarly, the husband and wife have a right to privileged communication. This means that spouses cannot be mandated to testify against each other in court. The basis of privileged communication is trust, which will be negated when a person with privileged information divulges them in court.
To be considered privileged communication, the communication must have been made in a confidential or private setting without the presence of a third party. The privileged communication stands protected even if it is shared via email or instant messaging.
