Little iApps, an Indiana software developer, has introduced "Confession: A Roman Catholic App" for iPhone, iPad and iPod Touch devices. Downloadable for $1.99 from Apple's iTunes, the password-protected program offers a step-by-step examination of conscience and guide to the Sacrament of Reconciliation. I was curious so I downloaded the App and noticed that during the step-by-step examination of conscience that the App essentially has a check list for sins. I started thinking, is the App and the information contained within really confidential?
In Texas, confidential communications are privileged if they are made to a member of the clergy “in the member’s professional character as a spiritual advisor.” You are not initially making these statements to a member of the clergy. It seems that even the Catholic Church agrees with this statement. The Vatican issued a statement on February 9, 2011 indicating the electronic version of the Catholic sacrament of confession was no substitute for old-fashioned confession to an actual priest. "It is essential to understand that the rites of penance require a personal dialogue between penitents and their confessor," explained Federico Lombardi, speaking for the Vatican. "The rites of penance ... cannot be replaced by a computer application."Linda Ann Nickerson Article on Vatican Response. The comments can be saved in the App.
A member of the clergy under Texas law includes a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization. The privilege may be asserted by the communicant, her guardian or conservator, or her personal representative (if the individual is deceased). The clergy member may also assert the privilege. The privilege protects confidential communications made privately and not intended for further disclosure except to other people present in furtherance of the purpose of the communication. Clearly, if the device was filled out during confession it would probably be considered a confidential communication. However, if you complete the program before you enter the confessional, is your information protected? One can imagine the information that might be revealed by a clever lawyer searching for information in the middle of a divorce case. What about a police detective or the district attorney investigating a crime? Until this point is clarified under Texas law, one should be careful about making the I-pad confession. You may actually be making your confession to the judge.
For more information regarding a Texas Law or to speak with a Dallas Divorce Lawyer, a Denton Divorce Attorney, or a Collin County Divorce Attorney contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day). For more information on Texas law visit our website at www.thewrightlawyers.com. Reading this blog post does not create an attorney-client relationship. The facts of each case may be different so speak to a lawyer about the specific facts of your case.
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