19

Yes. Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the ...


12

This notice has no legal power what so ever. This has been, and is being, used as a legal backup and a scare tactic. For the most part, if someone gets some sort of "sensitive" information in an email, and it was not intended for them - this notice will serve as a scare tactic to make people get rid of it because of the legal sound of the disclaimer. Also, ...


8

You reach a settlement instead of a judge deciding a court case if both sides agree that a settlement is better for them than paying court costs, lawyers cost, the risk of losing, having embarrassing details published, distraction for a business, waste of time, and the stress of a court case. If the plaintiff wants to be able to publish details of the case,...


8

Possibly Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The ...


5

Can job interview questions be confidential? Is this legally enforceable? It is lawful, unless the nature of questions is outlawed or hinting at illegal activity. For practical purposes, though, confidentiality would be hard to enforce because Google cannot realistically prevent you from disclosing those questions. Whether or not Google can remedy any ...


4

The evidence will almost certainly be inadmissible And, of course, you will be disbarred and never work as a lawyer again, you might also go to jail for attempting to pervert the course of justice. Whether the person is convicted or not will depend on the strength of the other evidence the state has. In the notorious case of Lawyer X, Nicola Gobbo was acting ...


4

Why is it common for settlment agreements to be confidential? if someone else is in a similar situation why shouldn't they seek a similar outcome? It has to do with the obligor's intent (1) not to place himself on the weak side of information asymmetry with respect to other plaintiffs, and (2) to make it more difficult for others to conjecture that the ...


3

RCW Chapter 26.44 covers abuse of children, and RCW 26.44.030 1(a) states the duty to report: the reporter "has reasonable cause to believe that a child has suffered abuse or neglect" – the law doesn't say "a child is currently suffering abuse", it say "has suffered". But then: subsection (2) says: The reporting requirement of subsection (1) of this ...


3

According to the 1989 Wisconsin Supreme Court case Zinda v. Louisiana Pacific Corp, there is something called "conditional privilege" which can make an otherwise defamatory statement not actionable. An occasion makes a publication conditionally privileged if the circumstances lead any one of several persons having a common interest in a particular ...


3

The fact that you have been laid off is both your company’s information, and your personal information. You are allowed to tell your own personal information. The move to a new partner however is not your information. As long as you are still employed your employment contract will probably say that you mustn’t do anything to damage the company. You’d need ...


3

This is not a HIPAA violation. HIPAA requires that personal information not be revealed to people lacking a statutorily-defined interest, without the patient's consent. A password itself is not "personal information", though having it could lead to such information. An example of personal information would be the fact that you personally had a certain tooth ...


3

Art.5(1)(f) contains: Personal data shall be: (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’). Art. 25 ...


3

We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis: the type of counselor we're talking about; the types of information the counselor disclosed; the reason she disclosed it; the job functions of the people to whom she disclosed it; the reason the client is bothered by ...


3

Your lawyer owes you a fiduciary duty A fiduciary duty[ is the highest standard of care in equity or law. A fiduciary is expected to be extremely loyal to the person to whom he owes the duty (the "principal") such that there must be no conflict of duty between fiduciary and principal, and the fiduciary must not profit from their position as a fiduciary (...


3

Yes Of course, the period is not actually "indefinite" - it has a definite end: the date of your death. It also has another (unstated) endpoint: the point at which the information ceases to be confidential other than through your breach: for example if published in a patent application. The correct legal term here is not "indefinite"; its ...


2

In most jurisdictions, wouldn't the party accused of violating copyright be entitled to get that information, "required by law" under a discovery process? It depends. Sometimes a tip would allow BSA to independently develop evidence of infringement that wouldn't require naming you as a witness, other times the knowledge of a witness might be relevant to ...


2

"Without prejudice" does not, of itself, create an obligation of confidentiality What it does do is prevent the contents being used against the author in any future proceedings - by this litigant or anyone else. The purpose of civil litigation is to resolve disputes. There is another, better, cheaper and more commonly used mechanism - parties agreeing on ...


2

No At least in australia Let’s assume that what you say to your psychologist is false and causes damage to John Doe. Making the statement to the psychologist is the defamatory act. There are 8 defenses to defamation under Australian law: Justification (i.e. truth), Absolute privilege, Publication of public documents, Fair report of proceedings of public ...


2

Relevant to GDPR article 7 (1) is Recital 32: Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could ...


2

"Shall be able to demonstrate" means what it says. It does not mean having a signed piece of paper. Typically your database will have a boolean field with "True" indicating that the user has clicked the "I consent" button at some point. Gathering this information is trivial. The difficult bit is demonstrating that the database fields reflect reality. For ...


2

In journalism there is no legal binding solely to the phrase "off the record". This is more about journalistic moral integrity than it is about legal binding. Can this open the reporter up to a tort case? Sure, but it would be a difficult case to win, especially if the original person were quoted.


2

The standard solution to such problems is to have the person's lawyer handle the matter (e.g. write a letter). I assume that the person had their name changed, and they are having mail forwarded from substitute address via an Address Confidentiality Program, where only the Sec'y of State knows the real address. However, in this situation, the landlord would ...


2

It will depend on the jurisdiction (everything always depends on the jurisdiction), but in general a party will be liable if they deliberately leaked the information, or if they were negligent in allowing the information to leak. You have three example cases here. (I use "they" and "you" below to refer to the employer and the employee.) Firstly, they send ...


2

I want to create a CV file and include list of the projects (names, maybe screenshots (screenshots are available publicly)) which I worked on, but my old employer says that it will breach the NDA, is that so? Generally speaking, no. Contract law (including Dutch contract law) requires the principle of reasonableness. Since the publicly available ...


2

Nothing that I see in that part of the agreement bars the consultant from publicly disclosing the client (see below though). Confidential information (CI) is anything that would be considered proprietary information by the party, something that isn't general public knowledge. If you are in doubt of something being CI, ask your client. Technically you should ...


2

In general, your intuition is right. When the company goes away, the contract disappears. However, there may be situations in which this intuition misleads, and the confidentiality agreement lives on. Whether it does depends on the details of the dissolution. For example, if someone bought the assets of the company out of bankruptcy, those might include the ...


2

I don't have access to case law from India, but this is an area upon which common law countries including India should be similar. The attorney-client privilege survives death. See, e.g., Wesp v. Everson, 33 P.3d 191 (Colo. 2001). The therapist-client privilege is modeled on the attorney-client privilege but is not identical. Although New Hampshire's ...


2

There are ethical and legal considerations - but, as we know these are not the same thing. The Indian Journal of Psychiatry discuss this specifically in relation to psychotherapy ethics - but this is not the law. See here: Agreements about confidentiality continue after the client’s death unless there are overriding legal considerations. There is also an ...


2

It is not illegal for the mother to continue working there under the condition that she continues to uphold her professional confidentiality. It is not a violation of the employer to allow their employees, on a need to know bases, access to such data: § 203 (3) - Violation of private secrets (StGB) (3) A secret has not been revealed within the meaning of ...


1

In the US, you have the ability to determine basic licensing, certifications and background information here. You may also be able to obtain such information from the individual state licensing board, but the information provided is not necessarily the same (e.g. my test search for Washington did not include specialization credentials or education but did ...


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