A Legal Concept

Privileged communication is a legal concept that defines a right owned by the source (client). It protects individuals who participate in special relationships from having their confidences disclosed in court without their permission.

The legal system has inherent power to require witnesses to testify in court so that the judicial system will have access to all relevant information associated with a case. However, the law recognizes that there are certain special relationships which are viewed by our society as being so important that they deserve protection from such intrusion. Those special relationships are granted "privileged communication" status and are therefore exempt from compulsory disclosure with limited exceptions.

Under common law four criteria for special classes of relationship must be met to establish privilege: 1) the communication must be made in confidence; 2) the element of confidentiality must be essential to the relationship; 3) the relationship is one that should be fostered; and 4) the injury of disclosing the communication must be greater than the benefit of its disclosure.
 

Special Classes of Relationship with Privileged Communication in WA State

In Washington state, statutory law designates several classes of relationship which include privileged communications: 1) husband and wife; 2) attorney and client; 3) clergy and confessor; 4) physician and patient; 5) psychologist and client; 6) optometrist and client; and 7) law enforcement peer support counselor and a law enforcement officer in certain circumstance.

Privileged communications between a psychologist and client in Washington state do not apply in the following circumstances: 1) in a legal suit between the psychologist and client; 2) when the communication concerns the commission of a future crime; 3) when there is suspected child abuse or neglect; 4) in a mental health voluntary commitment proceeding; and/or 5) in a chemical dependency involuntary commitment proceeding.