I believe that they waive any reasonable expectation of privacy when a few key things take place:
1. It is not a meeting between 2 people, but instead 4.
2. Notes are taken and a report is typed/written and sent HQ
3. A public announcement is made regarding the individual, this in itself would blast the privacy thing. It would also put a serious pinch on any claims that they are “clergy” and therefore are exempt.
4. Elders are now encouraged to push any victims of abuse to report it to the authorities. I would have to consult my copy of the secret elders book for details but I do know there are very exact rules on record and legal implications.
5. Regarding #3, any notes that are taken and any documents are not to be destroyed but instead put into a sealed envelope and labeled then put in the publisher’s file. Why do they need to do this? Your guess is as good as mine
6. Unless they make you sign a confidentiality agreement, there really is no “implied privacy” on their part.
Now, on the flip side… If you as a publisher have agreed to subject yourself to them and sit down for some sort of JC then YOU have can expect some sort of confidentiality not because that’s the moral thing to do, but because they claim the issue will be handled privately and confidentially.
The funny thing is, even in cases where no one knows the situation… people always find out… usually within days of a JC taking place.
I am no lawyer but That is how I understand privacy laws regarding the clergy in general.