Which of the following will be considered privileged information?

• A. Health records of the Data Subject
• B. Disclosure of the Data Subject in a tax return
• C. Statements made by a Data Subject to his priest
• D. A Data Subjects Social Security Number

Answer: (C)

Privileged information is a type of confidential communication that the law protects from disclosure because it occurs within a safeguarded relationship. A classic example is communications between a penitent and a priest, made in the context of confession or spiritual guidance. This relationship is protected by privilege, so what is said remains confidential and cannot be disclosed by the priest in most circumstances.

The other items aren’t privileged communications. Health records are sensitive personal information protected by privacy or health data laws, but they aren’t privileged communications in the legal sense that automatically shield all disclosures. Tax return disclosures and a data subject’s Social Security Number are private data as well, but they do not constitute privileged communications between a specific confidant and the data subject, so they don’t carry the same blanket privilege against disclosure.