What is the difference between confidentiality and privilege in PA law?

• A. Confidentiality is an informational privacy concept only; privilege is a purely ethical obligation.
• B. Confidentiality is an ethical/legal obligation to protect information; privilege is a legal right that may shield confidential communications from disclosure in court.
• C. They are the same concept.
• D. Privilege applies to all confidential communications in every court case.

Answer: (B)

Confidentiality is the professional obligation to protect information a client shares in the therapeutic relationship; it guides everyday practice and is supported by ethics codes and state law to keep those disclosures private. Privilege is a legal protection that in court prevents certain confidential communications from being disclosed, and it is typically a right owned by the client that can be asserted to shield testimony or records from disclosure. In Pennsylvania, these protections work together but serve different purposes: confidentiality governs how you treat information in practice, while privilege governs what can be forced into the courtroom despite what was discussed in therapy. Confidentiality can be overridden by consent, emergencies, mandatory reporting, or court orders; privilege narrows the disclosure issue to specific communications for purposes of diagnosis or treatment and can be waived by the client or by procedural rules under certain circumstances. The correct choice captures that distinction: confidentiality is the obligation to protect information, while privilege is the legal shield against disclosure in court.