Pontifical secret
Encyclopedia
The pontifical secret or pontifical secrecy or papal secrecy is the code of confidentiality that, in accordance with the canon law
of the Roman Catholic Church
, applies in matters that require greater than ordinary confidentiality:
Pontifical secrecy is the subject of the instruction Secreta continere of 4 February 1974 issued by the Secretariat of State . The text is published in Acta Apostolicae Sedis
, 1974, pages 89–92.
may sometimes be imposed for violation of secrecy on particular matters, the general rule is only that, if the violation becomes known outside of Confession, a penalty proportionate to the wrong-doing and the damage caused is to be inflicted.
An example of the imposition of automatic excommunication for violation of secrecy was found in the 1962 instruction Crimen sollicitationis
(in force until replaced by new norms in 2001), which imposed this penalty on members of a Church tribunal trying a priest accused of making sexual advances to a penitent in connection with the sacrament of Penance, if they violated secrecy about developments in the course of the ecclesiastical trial. A person to whom such advances were made was, on the contrary, subjected to excommunication if that person failed to denounce the priest within at most one month.
Thus the procedures of the Church tribunal were covered by papal secrecy (called at that time secrecy of the Holy Office
), but the crime of the priest was not: "These matters are confidential only to the procedures within the Church, but do not preclude in any way for these matters to be brought to civil authorities for proper legal adjudication. The Charter for the Protection of Children and Young People of June, 2002, approved by the Vatican, requires that credible allegations of sexual abuse of children be reported to legal authorities."
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, applies in matters that require greater than ordinary confidentiality:
- "Business of the Roman CuriaRoman CuriaThe Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...
at the service of the universal Church is officially covered by ordinary secrecy, the moral obligation of which is to be gauged in accordance with the instructions given by a superior or the nature and importance of the question. But some matters of major importance require a particular secrecy, called 'pontifical secrecy', and must be observed as a grave obligation."
Pontifical secrecy is the subject of the instruction Secreta continere of 4 February 1974 issued by the Secretariat of State . The text is published in Acta Apostolicae Sedis
Acta Apostolicae Sedis
Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909...
, 1974, pages 89–92.
Matters covered by pontifical secrecy
The instruction Secreta continere lists ten classes of matters covered by the pontifical secret:- Preparation of papal documents, if pontifical secrecy is expressly demanded
- Information obtained officially by the Secretariat of State in connection with questions requiring pontifical secrecy
- Notifications sent to the Congregation for the Doctrine of the FaithCongregation for the Doctrine of the FaithThe Congregation for the Doctrine of the Faith , previously known as the Supreme Sacred Congregation of the Roman and Universal Inquisition , and after 1904 called the Supreme...
about teachings and publications and the Congregation's examination of them. - Extrajudicial denunciations of crimes against the faith and morals or against the sacrament of PenanceSacrament of Penance (Catholic Church)In the teachings of the Roman Catholic Church, the Sacrament of Penance and Reconciliation is the method by which individual men and women may be freed from sins committed after receiving the sacrament of Baptism...
, while safeguarding the right of the person denounced to be informed of the denunciation, if his defence against it makes this necessary. The name of the person making the denunciation may be made known to him only if it is judged necessary to have a face-to-face confrontation between denouncer and denounced. - Reports by papal legatePapal legateA papal legate – from the Latin, authentic Roman title Legatus – is a personal representative of the pope to foreign nations, or to some part of the Catholic Church. He is empowered on matters of Catholic Faith and for the settlement of ecclesiastical matters....
s on matters covered by pontifical secrecy. - Information obtained officially with regard to the naming of cardinalsCardinal (Catholicism)A cardinal is a senior ecclesiastical official, usually an ordained bishop, and ecclesiastical prince of the Catholic Church. They are collectively known as the College of Cardinals, which as a body elects a new pope. The duties of the cardinals include attending the meetings of the College and...
- Information obtained officially with regard to the naming of bishops and papal legates and the relative inquiries.
- Information obtained officially with regard to the naming of the chief officers of the Roman Curia.
- All matters concerning cipherCipherIn cryptography, a cipher is an algorithm for performing encryption or decryption — a series of well-defined steps that can be followed as a procedure. An alternative, less common term is encipherment. In non-technical usage, a “cipher” is the same thing as a “code”; however, the concepts...
systems and enciphered messages. - Any matter that the Pope, a Cardinal in charge of a department of the Roman Curia, or a papal legate considers to be of such importance that it requires the protection of papal secrecy.
Sanctions for violation
While violation of pontifical secrecy, if deliberate, is a grave sin, and while an automatic excommunicationExcommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
may sometimes be imposed for violation of secrecy on particular matters, the general rule is only that, if the violation becomes known outside of Confession, a penalty proportionate to the wrong-doing and the damage caused is to be inflicted.
An example of the imposition of automatic excommunication for violation of secrecy was found in the 1962 instruction Crimen sollicitationis
Crimen sollicitationis
Crimen sollicitationis is the title of a 1962 document of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents.It repeated, with additions, the contents of an...
(in force until replaced by new norms in 2001), which imposed this penalty on members of a Church tribunal trying a priest accused of making sexual advances to a penitent in connection with the sacrament of Penance, if they violated secrecy about developments in the course of the ecclesiastical trial. A person to whom such advances were made was, on the contrary, subjected to excommunication if that person failed to denounce the priest within at most one month.
Thus the procedures of the Church tribunal were covered by papal secrecy (called at that time secrecy of the Holy Office
Congregation for the Doctrine of the Faith
The Congregation for the Doctrine of the Faith , previously known as the Supreme Sacred Congregation of the Roman and Universal Inquisition , and after 1904 called the Supreme...
), but the crime of the priest was not: "These matters are confidential only to the procedures within the Church, but do not preclude in any way for these matters to be brought to civil authorities for proper legal adjudication. The Charter for the Protection of Children and Young People of June, 2002, approved by the Vatican, requires that credible allegations of sexual abuse of children be reported to legal authorities."