A breach of confidentiality is a disclosure of confidential information. Whether a breach of confidentiality exists depends upon the definition of confidential information in a contract. Many contracts define confidential information as all information not readily available to the public. This information includes customer lists, suppliers, product schematics and pricing.Continue Reading
Without a contract, there is usually no obligation to keep information confidential, unless the disclosing party owes a fiduciary obligation to the other party. For example, a board member of a company has a fiduciary obligation not to disclose the company's confidential information. A breach of confidentiality by a board member is regarded as more serious when the board member personally benefits from the disclosure of confidential information.
Further, there are certain privileged situations that are protected by law. Depending on the jurisdiction, communication between doctors, lawyers, accountants, psychologists and their clients is privileged and confidential.
Because health care is a sensitive area, the U.S. Congress designed special rules in the Health Insurance Portability & Accountability Act to ensure that there are special protections for the transfer of medical information between health care providers.
Absent a unique relationship between the two parties, the language of the contract determines what information is confidential. Any disclosure of confidential information as defined in the contract is considered a breach.Learn more about Is This Illegal?
In most instances, an unauthorized tenant can be evicted from an apartment with or without cause according to Nolo.com — a legal information clearinghouse. In some states, authorized tenants may need to proceed with a formal eviction by acting as a master tenant, although this is not always the case.Full Answer >
According to the Federal Trade Commission, federal law requires that any mattress containing used stuffing must bear a tag or label stating this information. If labeling and processing requirements are met, used mattresses can be resold. However, not all states require labels, and the state requirements for used mattresses tend to vary.Full Answer >
The legality of printing other peoples' social stories depends on the accuracy of the information, the nature of the information and the publisher's intent, according to the Digital Media Law Project. Possible legal claims include defamation, false light, publishing private facts, and misappropriation or violation of the right to publicity.Full Answer >
The extent to which police officers must provide private citizens with identifying information is determined by state and local laws, department policies and the context in which the officer is asked, reports Boing Boing. There is no statute governing police identification nationwide.Full Answer >