The Seal of Confession

The Obligation of the Seal of Confession.—(a) Its Subject.—Primarily the duty of the seal obliges the confessor, secondarily all others to whom the matter of sacramental confession in any way becomes known, such as bystanders, interpreters, or those who have spied into a confession. The penitent on his part is bound to keep as a natural secret the words of the confessor which the latter would rightly wish to be kept confidential (e.g., it would not be fair to excuse oneself in making necessary corrections, by saying that one was acting under advice of one’s confessor, especially since the confessor cannot defend himself).

(b) Its Object.—Primarily, the seal extends to all sins confessed, whether they be light or grave, private or public; and a confessor may not confirm from his knowledge as confessor what he also knows from other knowledge. Secondarily, it extends to all that is declared for a fuller explanation of the sins, such as circumstances, purpose, occasion, cooperation, and to all those things whose revelation would endanger the seal or make the Sacrament odious, such as the denial of absolution, the penance given, the insincerity, impatience or scrupulosity shown in confessing, the fact that a confession was long or a general review. Other matters not generally known and which the penitent reasonably wishes to be confidential (e.g., the fact that he made his confession, his natural defects of illegitimacy or deafness) should be kept as natural secrets. But there is no duty of sacramental or natural silence about matters which the confessor knows from other sources and which he is free to mention (e.g., facts learned from a non-sacramental confession made to the priest and others with a view to its use, or from the confessor’s own perception of a theft committed by the penitent in the act of confession).

Sins against the Seal of Confession.—(a) Direct violation happens if a confessor declares, either to the penitent himself or to another, matter protected by the seal, and with such clearness that both the penitent and his sin can be recognized. This occurs even though no names are mentioned, or the penitent is unknown to the listeners, or is no longer living, or when the listeners do not perceive that sacramental knowledge is being used. The sin is grave, and, since the injury to religion and the public is always serious, it admits of no lightness of matter. The penalty is excommunication most specially reserved to the Pope (Canon 2369).

(b) Indirect violation happens if a confessor so speaks or acts as to create a danger of direct violation (e.g., if he speaks so loud in the confessional that those outside can hear, or if he is suspiciously silent when the penitent is being commended, or if he warns the parents of a penitent to be specially watchful of him, or if he refuses to hear a confession because he knows from a previous confession that the person is very scrupulous, or if he shows less confidence or regard for the penitent). The sin admits of lightness of matter, since the danger of direct violation may be remote; but if there is grave culpability, suspension or even severer penalties may be inflicted (Canons 2369, 2368).

(c) Unlawful use of sacramental knowledge happens if there is no direct or indirect violation of the seal, but the confessor’s conduct is such as to make confession distasteful either to the penitent or to others, as when a superior is guided in giving his vote or directing his subject by information gathered from confession. This is forbidden in Canon 890.

(d) Apparent violation of the seal happens if there is really no direct or indirect violation of the seal, or unlawful use of confessional knowledge, but a priest’s language is calculated to arouse a reasonable suspicion that some such sin is being committed (e.g., if a preacher or retreat master or writer of moral cases uses illustrations from confessions heard by him which will excite distrust in his own or other penitents). Serious scandal and defamation may also be caused by public statements unfavorable to the morals of a certain city or community or class.