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

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

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

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

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 ...


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

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 subject ...


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 ...


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 ...


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 ...


1

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 ...


1

did I disclose confidential information? No. The substance of your disclosure to the FB contact is hardly confidential insofar as not only the merger already took place, but also the company now is restructuring itself as a result thereof. Even if your contract or some binding document states that the information is confidential, it will be hard for the ...


1

Under U.S. law it is legal to read and to publish leaked classified information from the U.S. (or a fortiori classified information from a foreign government). See New York Times v. United States, 403 US 713 (1971). (Some CIA officials would disagree but acknowledge that no journalist has ever been convicted of a crime for doing this that has been upheld by ...


1

I agree with wimh's answer. There are some points to add: a phone number is not unique; one number may be shared by several customers in the same household. This is the fundamental problem with the proposal. loss of privacy may cause serious damage. If Mrs X logs on and sees Mr X's transactions, she may wonder where the item that that Mr X bought, as she ...


1

Am I bound to keep their offer confidential? No, at least not in the UK. In the US you could be bound if the boilerplate/disclaimer was at the top of the message. But otherwise you are free to publish whatever drops in your inbox barring these exclusions: copyright considerations an applicable NDA if one exists an explicit court order prohibiting ...


1

No one can impose a duty of confidentially upon you simply by sending you a letter, particularly when you are in an adverse position to them. You might do better to describe the offer to others that you chose to inform, rather than simply copying it.


1

The UNCITRAL Model Law on International Commercial Arbitration imposes an obligation of confidentiality on parties to the arbitration. This includes the applicant(s), respondent(s) and arbitrator(s) but does not, of itself, include witnesses or service providers to the proceedings - parties need to protect confidentiality from them by contract. How the ...


1

If any of the information disclosed was Protected Health Information (PHI) under the federal HIPPA law, the disclosures might violate that law. Providers, which would usually include therapists are subject to HIPPA. However, HIPPA has several permitted grounds for disclosures, and this case might well fall under one of them.


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