Do we still have privacy in anything?
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Thread: Do we still have privacy in anything?

  1. #1
    AO's Resident Redneck The Texan's Avatar
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    Do we still have privacy in anything?

    Hey, I was just pondering tonight... ( oh no!) We have alot of threads on here about privacy and how its being taken away from us. Anyway I was just wondering if yall could think of what we still DO have privacy in? Medical records are private between doctor and patient ( im pretty sure) there is lawyer-client privledge. Clergy Privledge. Thats really all I can think of that Law enforcement/Big Brother cant touch. any thoughts?
    Git R Dun - Ty
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    Senior Member nihil's Avatar
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    Hi Tex~ don't know about you guys but husband and wife are not obliged to give evidence against eachother?

  3. #3
    AO's Resident Redneck The Texan's Avatar
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    ahhh yes I have heard of Mobsters marrying women solely so that they wont be forced to testify against them in court. Good one Nihil I had forgotten that.
    Git R Dun - Ty
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    Senior Member nihil's Avatar
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    I missed an obvious one

    You guys have the fifth amendment, our law says that you do not have to give evidence that might incriminate yourself.

    Naturally this applies to a defendant, but it also applies to witnesses in a case. You cannot ask a witness a question that would implicate or incriminate them in an illegal activity.


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    Originally posted here by nihil
    You guys have the fifth amendment, our law says that you do not have to give evidence that might incriminate yourself.

    Naturally this applies to a defendant, but it also applies to witnesses in a case. You cannot ask a witness a question that would implicate or incriminate them in an illegal activity.
    At least in the US, this only applies unless the witness has been given immunity from prosecution. Then the witness can be compelled to give evidence, since he/she cannot be convicted of anything and thus cannot incriminate him/herself...
    Information wants to be a fireman when it grows up.

  6. #6
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    Hi The Texan,

    Actually because of the child abuse issues within the church the clergy-penitent privilege is slowly being fazed out...it is also in violation of The Establishment Clause which guarantees against religious or non-religious preferences.
    So don't expect it to be around too much longer...thank gawd!

    Again...doctor-patient privilege ( medical and mental ) ...is only partially guaranteed...the court can order records to be turned over.

    Even lawyer-client privilege is waivering...there are some issues where information has to be shared with the prosecution as long as it does not directly implicate the client..and it is automatically waived if the information is shared with a third party...and it does not attach concerning an on-going or future crime that must be reported.

    The privilege protects legal advice and factual information communicated for the purpose of securing and rendering legal advice. The privilege does not protect the underlying facts, general legal discussions, business or other non-legal advice.
    The privilege can be lost by voluntary disclosure (e.g., in response to interrogatories or subpoenas). Also, involuntary or accidental disclosure may destroy the privilege.
    The privilege does not attach to communications in furtherance of an ongoing or prospective illegal activity.
    Even the Husband-Wife Privilege has loop-holes...it applies only if the crime is not against one's own family...if they are not separated...and does not apply if the crime or conversation was done/held in the presence of a third party.

    So...there is no place where we are guaranteed ' absolute ' privilege.

    Eg

  7. #7
    Senior Member nihil's Avatar
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    Hi EG~

    Yes that is a useful point. This stuff is what I would call "reactive" rather than "proactive".......... like if your wife or your lawyer or your priest WANT to give evidence against you, they can.

    There is nothing to stop them or say that their evidence is inadmissible.

    I also believe that we have an element of "Parliamentary Privilege" over here that protects liars, oops! sorry, I meant politicians.


  8. #8
    Senior Member OverdueSpy's Avatar
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    Limbaugh might disagree about the Client Patient Privelege

    1. Juvenile criminal records are often sealed from public scrunity after the child turns 18. Not sure if this really qualifies or not.

    2. The U.S. Military has a "Don't Ask Don't Tell Policy". However this only applies to homosexuality. Beastiality, having children out of wedlock, or sexual fetishes are still fair game on military security clearance and service admission applications.
    The mentally handicaped are persecuted in this great country, and I say rightfully so! These people are NUTS!!!!

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    Senior Member nihil's Avatar
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    Hmmmm,

    having children out of wedlock
    ............ no longer an issue over here.......... we used to get taxation relief for being married, now we don't............... there is child support benefit/ tax credits, but they just need you to have a child, not to be married.

    or sexual fetishes are still fair game on military security clearance and service admission applications.
    Quite right too! you need to have graduated into politics to play in that league?

  10. #10
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    Originally posted here by nihil
    Yes that is a useful point. This stuff is what I would call "reactive" rather than "proactive".......... like if your wife or your lawyer or your priest WANT to give evidence against you, they can.
    Nope, exactly the opposite. They can't give evidence against you unless you waive privilege.
    Information wants to be a fireman when it grows up.

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