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A confidentiality disclaimer is a legal statement that informs the recipient that the document is confidential and provides information on how to handle the document. It defines the intended recipient, legal relationship, intended use, and liability issues. It is important to read and review carefully.
A confidentiality disclaimer is a legal statement that accompanies a communication to inform the recipient that the document is confidential and to provide some information on how to handle the document in order to maintain confidentiality. Confidentiality disclaimers can be included in larger legal statements and are commonly found on email communications, faxes, and printed documents sent to individuals upon request, such as medical records. Such disclaimers are usually drafted by an attorney, although people may use a generic statement as a disclaimer rather than hiring an attorney to generate a customized document.
Several components are included in a privacy disclaimer. The first discusses the confidentiality of the information and defines the intended recipient or user. If information is captured or sent in error, the recipient is asked to destroy the information to maintain confidentiality and may be told to contact the person named in the disclaimer to advise the person that the information has been lost. Private communications marked with this disclaimer cannot be used by persons other than authorized subjects.
Confidentiality disclaimers can also define the legal relationship between the person submitting the information and the person receiving the material. Special legal relationships such as doctor-patient relationships need to be clearly defined and the confidentiality disclaimer discusses the nature of the relationship. Simply receiving a document from a doctor doesn’t create a legally recognized relationship, for example, but if the document defines the recipient as a patient, it does.
Privacy disclaimers also discuss how the information should be used. Defining the intended use can be important if confidentiality issues later arise in court, as individuals can determine whether information has been misused based on the inclusion of such statements in a confidentiality statement. Limits on information use may be designed to protect privacy or security, depending on the nature of the information you provide.
Although people tend to skim legal language when they encounter it, it is advisable to read and review the disclaimers carefully. The disclaimer may contain important information, including information on who to contact if something goes wrong. It also discusses liability issues and the authorized use of information, two key things to be aware of, as well as outlining recipient rights. People who handle confidential information should know their rights so they can defend themselves in the event of a dispute. If one party appears to be in breach of the responsibilities outlined in a confidentiality disclaimer, the other party should inform that party of the breached provisions.
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