I'd bet my left.... pinky toe that the WT's monster 4/9 confidentiality letter was put out as a direct result of the Jane Doe/Candace vs WT case as they were preparing to go to trial. There had already been a year of legal proceedings - surely the WT knew the shit was about to hit the fan.
Thanks goes to Atlantis for posting the BOE letters originally as PDFs. I'm copying the text from the first part of the letter here, but if anyone wants to post the official PDF, that would be great, too.
TO ALL BODIES OF ELDERS
Re: Procedures when legal issues are involved
Table of Contents
Confidentiality .................................................................... Pars. 5-12
Crimes and criminal investigations .................................. Pars. 13-17
Disruptive individuals at congregation meetings............... Pars. 18-19
Suicides and attempted or threatened suicides ................. Pars. 20-21
When lawsuits are threatened ................................................. Par. 22
Child custody ..................................................................... Pars. 23-25
Vehicle accidents ...................................................................... Par. 26
When a publisher has a personal legal question ....................... Par. 27
Nonneutral activity ................................................................. Pars. 28
Witnessing difficulties ....................................................... Pars. 29-35
Dear Brothers:
1. This letter replaces the letters dated July 1, 1989, November 20, 1996, March 24, 2000,
September 27, 2004, November 1, 2005, March 1, 2007, and December 12, 2008, to all bodies of
elders. Those letters should be removed from the congregation permanent file of policy letters and
be destroyed. No one should keep originals or copies of any of those letters.
[I'd love to see what that 1989 letter says.]
2. Elders carry a heavy responsibility in these “critical times.” (2 Tim. 3:1) You must teach
and shepherd the flock, set a good example in field service, maintain good spiritual habits, and care
for your families’ spiritual, emotional, and physical needs. We very much appreciate and commend
you for your sincere efforts to care for each of these responsibilities.
3. Your task is made more challenging by the fact that we live in a complex society in which
people have become increasingly proud, greedy, and litigious.(2 Tim. 3:2-4)
[Your policy gives rights to the pedophile - confidentiality - while disregarding rights of children. And when a victim of that policy
stands up to you, it's implied that they're proud, greedy, and litigious? You are truly a piece of shit corporation.]
Further, in response to
growing social problems, governments at times enact laws that impose additional responsibilities on the
ministers of all religions. As Christians, we recognize Jehovah’s supreme authority and obey laws of the
land that do not conflict with God’s law. (Matt. 22:21; Rom. 13:1, 2) It is therefore important that as
elders you act wisely and with discernment and always follow the organization’s procedures and directions
for handling congregation matters that involve legal issues.—Prov. 2:6-9.
4. Direction on handling child abuse matters can be found in separate correspondence.
However, we are now pleased to provide consolidated direction on handling other congregation
matters involving legal issues. Please give this information your prayerful consideration.
CONFIDENTIALITY
5. As overseers, you are often entrusted with knowledge of sensitive and confidential information.
Elders must be careful never to divulge confidential information to persons who are
not authorized to receive it. There is “a time to keep quiet” and a time when “your words should
prove to be few.” (Eccl. 3:7; 5:2) Proverbs 10:19 warns: “In the abundance of words there does not
fail to be transgression, but the one keeping his lips in check is acting discreetly.” Unnecessary
spiritual and legal problems result when elders unwisely reveal matters that should be kept confidential.
You must therefore give special heed to the counsel: “Do not reveal the confidential talk of another.”
(Prov. 25:9) When elders disregard this counsel, trust in the elder body is threatened.—w96
3/15 p. 18 par. 12; w91 11/15 p. 23 par. 19; w87 9/1 pp. 12-15.
6. If an elder were to breach confidentiality, he could subject himself and the organization
to civil liability. In addition, an elder’s breach of confidentiality could result in a legal waiver of the
minister-communicant privilege or the attorney-client privilege. The minister-communicant privilege
generally prevents an elder, under specific circumstances, from having to disclose confidential
communications between the elder and a member of the congregation, and the attorney-client privilege
generally protects an elder from having to disclose confidential communications between the
elders and his attorney, including the Legal Department.
7. Wireless communication: It is also important to avoid inadvertently revealing confidential
information. While what is presented at our meetings and assemblies is generally not confidential,
on occasion meetings are held that are of a confidential nature. For example, the branch office
may sponsor schools for congregation elders and ministerial servants held at a Kingdom Hall.
On such occasions, cordless microphones should not be used.
8. When calling the branch office or when otherwise discussing confidential matters by
phone with persons entitled to such information, make sure that no one—including family members—
can overhear the conversation. For such conversations, it is permissible to use a cordless digital telephone.
Cordless analog telephones do not provide adequate privacy and should not be used. If you are
not certain whether you have a digital cordless telephone, it may be best to use a landline telephone.
Therefore, please make sure that your telephone is not a cordless analog telephone.
9. Most cellular telephone providers today have replaced older analog networks with more
secure digital networks. These signals are encrypted and considered to be secure from people seeking
to monitor conversations. Therefore, cellular telephones may be used when calling the branch
office or when discussing confidential matters with fellow elders.
10. When someone seeks confidential information: You should never reveal confidential
information to anyone unless theocratic procedure requires it or the branch office has instructed you
to do so. (Persons seeking confidential information may include an investigator, an attorney, a policeman,
a detective, other law enforcement officers or government officials, school personnel, parties
to a lawsuit, family members [whether they are Jehovah’s Witnesses or not], and even other elders or
other persons who may not be entitled to the information.) This applies to written materials and unwritten
knowledge possessed by the elders. It applies to records pertaining to a particular case and
general materials, such as letters from the organization, the Shepherding textbook, and the Organized
book. Even when secular authorities request confidential information, you are not obligated to
answer questions before consulting the branch office. (ks10 chap. 6 par. 19) You should then ask to
speak to the Legal Department. Oftentimes secular authorities request confidential information to
which they are not legally entitled. Thus, you could subject yourself and the organization to civil
liability if you reveal such confidential information.
11. If any unauthorized person seeks confidential information from you, simply state: “As a
minister I have a duty to keep certain matters confidential and must consult my attorney before answering
any questions.” There is no need to state that you will be contacting the Legal Department.
If the inquiring party presses for more information about a confidential matter or for the identity of
your attorney, do not be intimidated by threats and do not make any other statements. Simply ask
for the person’s name, telephone number, title, and the office he represents, and tell him that you
will need to talk to your attorney before you respond to his request. Then, call the Legal Department
immediately for legal direction.
12. Subpoenas: A subpoena or subpoena duces tecum is an official written demand for oral
testimony or records. If you receive a subpoena, or if you hear that one may be issued seeking oral
or written information from someone concerning a congregation matter, call the Legal Department
immediately. If possible, have the subpoena that has been served on hand when you make the call,
and be prepared to fax a copy of it. Never turn over records, notes, or other documents or reveal
any confidential matter sought by subpoena without first receiving legal direction from the Legal
Department. Many documents and records in congregation files may be protected from disclosure
based on the minister-communicant privilege or the attorney-client privilege. If you receive a subpoena
intended for someone else, call the Legal Department immediately, even before you contact
the party for whom the subpoena was intended. If someone threatens to get a subpoena for congregation-
related records or testimony, call the Legal Department immediately, even if no actual subpoena
has yet been served.
CRIMES AND CRIMINAL INVESTIGATIONS
13. Handling reports of the abuse of elderly and disabled persons: At times, the law may
require ministers to report the abuse of elderly and disabled persons to the authorities. Elders should
therefore call the Legal Department for legal advice whenever they receive an allegation that an elderly
or disabled person has been abused. The types of adult abuse that are reportable to authorities differ
from state to state. Adult abuse can be physical, sexual, or emotional and can include neglect or
abandonment by a caretaker, self-neglect, forced labor, and financial or other types of exploitation.
Some states define “elderly” as anyone 60 years of age and older; others specify over 65. In some
states adult abuse reporting statutes apply to disabled persons who are 18 years old or older. In any
event, we want to do all we can to protect elderly and disabled persons from harm, in harmony with
the principles of God’s Word that direct us to have tender compassion for disadvantaged ones.—Ps.
72:13, 14.
14. Handling reports of other crimes: When the elders learn of alleged criminal activity
on the part of one of Jehovah’s Witnesses or someone associated with the congregation as the accused
or the victim, they should immediately call the Legal Department. In some cases, the elders
will form a judicial committee to handle alleged wrongdoing that may also constitute a violation of
criminal law (e.g., murder, rape, child abuse, fraud, theft, assault). Generally, the elders should not
delay the judicial committee process, but strict confidentiality must be maintained to avoid unnecessary
entanglement with secular authorities who may be conducting a criminal investigation of the
matter. For example, even the fact that a judicial committee has been formed should not be disclosed
to persons not entitled to know. (ks10 chap. 6 par. 18) In addition, the Legal Department
should be contacted for legal advice on how to protect confidentiality that is specific to the circumstances
of the case.
15. Search warrants: Elders should never give consent for anyone to search a Kingdom
Hall or any other place where confidential records are stored. Conscientious elders do all they reasonably
and peaceably can to preserve the confidentiality of the congregation in harmony with the
principle set out in Acts 5:29. However, law enforcement officers do not need your consent if they
have a search warrant. A search warrant is a court order authorizing the authorities to search certain
premises to locate evidence that may be used in a criminal prosecution.
16. If a law enforcement officer claims to have a search warrant, ask to see and read it. If
your request is denied, tell the officer that you do not consent to the search, but do not try to physically
stop him. Then, whether you have been allowed to read the search warrant or not, call the Le
gal Department immediately for legal advice. If for some reason you are not allowed to call or you
are unable to contact the Legal Department at that moment, call as soon as possible. If the authorities
threaten to get a search warrant to look for congregation records or other confidential information,
call the Legal Department immediately, even if the warrant has not yet been issued.––ks10
chap. 6 par. 19.
17. Restraining orders or orders of protection: At times an individual will obtain a restraining
order or order of protection against someone else. The elders should not try to read, understand,
or enforce a restraining order between private parties, and neither should an elder try to provide
legal advice. If anyone asks the elders any questions about the restraining order, politely tell
the person that a restraining order is a personal legal matter that does not involve the congregation.
Thereafter, the elders should call the Legal Department immediately for direction.