Who holds the privilege in a privileged information scenario?

In a privileged information scenario, the privilege typically belongs to the client or patient. This means that the individual who has sought confidential advice or services has the right to control the flow of information shared in that context. The essence of privilege in legal settings, such as attorney-client privilege or doctor-patient confidentiality, is to encourage open and honest communication. This allows clients or patients to freely converse without fear that their disclosures will be used against them in court or elsewhere.

This understanding is crucial in fraud examination and prevention, as it establishes the framework for confidentiality in sensitive investigations and communications. It supports the ethical obligation to maintain trust and protect the rights of those individuals who disclose personal or sensitive information. The privilege does not reside with the attorney, the court, or a government agency, who may be obligated to handle such information responsibly but do not own the privilege over it.