Article — Marc, Institutiones Morales
Article III: On Violation of Secrecy
- DEFINITION. Secret or hidden matter in general is called whatever is occult. But here is understood whatever, either from its nature or from a special contract, must be preserved occult.
DIVISION. Besides sacramental secrecy, concerning which we shall treat later, a threefold secrecy is distinguished: 1. NATURAL or simple, which arises from the nature itself of things, from the fact namely that a thing known by chance cannot be manifested without damage or displeasure of neighbor; 2. PROMISED, which namely someone promised to preserve after accepting knowledge of the matter; 3. COMMITTED or rigorous, embracing namely those things which have not been revealed to someone except under an express or tacit pact of preserving silence.
A tacit pact is judged to be present when from the fact itself it is established that the matter is committed under secrecy, for example if recourse is had to a physician or to an advocate for remedy or counsel. To committed secrecy is reduced that which is revealed to a priest outside confession under quasi-sacramental secrecy.
It comes to be said: 1. of revelation; 2. of inquiry into and use of another's secret. For anyone has a right that his secret not be explored, manifested, and finally that no illegitimate use be made of it.
- Etude sur la malice intrins. du Mens., by a professor of Theology (Paris, 1899); cf. Berardi, Theol. mor. (1905), II, n. 976.