25 August 2007

Confidentiality - Is there any?

Is there confidentiality in the military? It depends on who you are talking to and about what. It also depends on what use is being made of information obtained. My points here are really for those who may be in trouble and perhaps facing prosecution at court-martial.

Chaplains: Yes, but there can be some circumstances where the information you give is not privileged.

Wives: Yes, so long as neither your wife or any of your children (or her children from prior relationships), are alleged to be your victim(s). You have a privilege to prevent her testimony about statements you made to her, and she has a privilege not to testify at all. NOTE: The Court of Appeals for the Armed Forces holds that when the allegation(s) include adultery, there's no privilege to prevent the spouse cooperating with the prosecution. See United States v. Taylor, 64 M.J. 416 (C.A.A.F. 2007).

Attorney: Yes, if seeking advice, assigned by the military, or you are talking with a civilian attorney about possibly hiring that attorney. No, if you are disclosing to the attorney something about a future crime you may commit.

Medical: Yes, but no, when it's law enforcement or the command coming looking. Basically, there is a big gaping hole in HIPPA relating to law enforcement and command investigations.

Psychologist/Psychiatrist: It depends. I know, a typical lawyer answer, but it really does depend on what the information is, where it came from, who wants to use the information, and how it is to be used.

Family Advocacy: NO! If you are suspected of any form of domestic or sexual offense, you should expect everything you say to FAP or Family Services to be used against you. Like NCIS, OSI, CID, CGIS, FAP is not there to help someone suspected of domestic violence or sexual assaults. They say they are, but ask those who've believed them, and are now in jail.

VWAP Counselor: No.

Parents: No.