The duty of confidentiality is an ethical obligation imposed on someone by law, profession, or contract. Relationships such as attorney-client, doctor-patient, and priest-penitent are recognized as having a special status that prevents the disclosure of private information. The lawyer-client relationship is one of the most consolidated and inviolate, and the lawyer is ethically bound to keep conversations confidential. The privilege belongs to the client, who may waive it, and a lawyer can only disclose confidential information with the client’s consent. A contractual obligation can also give rise to an obligation of confidentiality.
A duty of confidentiality refers to an ethical obligation imposed on someone, or by a special relationship recognized by law; according to the standards of a certain profession; or by the provisions of a binding contract. The duty to keep communications confidential may arise out of an attorney-client, doctor-patient, or priest-penitent relationship. Each of these reports is recognized by law as having a special status that prevents the disclosure of private information.
One of the most consolidated and inviolate of these relationships, which gives rise to an obligation of confidentiality, is that between a lawyer and his client. A solicitor, or barrister, has a duty to keep his client’s confidences confidential. Any communication between these two parties is characterized as privileged and the lawyer is ethically bound to keep the conversations confidential. The nature of the relationship, and the obligations it imposes on lawyers, is codified in the Canons of Professional Responsibility to which all lawyers are bound.
A lawyer cannot be compelled by the government to violate his oath of confidentiality or to disclose privileged communications with his client. Not all communication with an attorney is privileged. In order for privilege to be increased, an attorney-client relationship must first be established. If an individual seeks advice from an attorney and no formal attorney-client relationship develops, usually, the attorney is still required to treat his or her conversations with the individual as private.
Even though the duty of confidentiality is imposed on the lawyer, the privilege actually belongs to the client, not the lawyer. The client may waive the privileged and confidential nature of the relationship by disclosing the content of his communications with his lawyer to third parties. In such cases, the customer is said to have renounced the privilege. A lawyer can only disclose confidential information to third parties with the consent of the client. If in doubt as to whether the client has waived the privilege, in whole or in part, the attorney must first obtain the express permission of the client, before disclosing any information.
An obligation of confidentiality can also arise from a contractual obligation. Often a company will seek to protect its trade secrets or proprietary information from unauthorized disclosure by requiring those who may be exposed to that information to execute a non-disclosure agreement. An individual who is a party to such an agreement has a legal obligation not to disclose confidential information to third parties. Because the recipient’s unauthorized disclosure of proprietary information to others could cause irreparable harm to the commercial interests of the disclosing party, a violation of privacy laws could expose the recipient of the information to liability.
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