Non Disclosure Without Consent Rule In Maryland
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Conditions of Disclosure to Third Parties. The general rule under the Privacy Act is that an agency cannot disclose a record contained in a system of records unless the individual to whom the record pertains gives prior written consent to the disclosure. There are twelve exceptions to this general rule.
A custodian shall deny inspection of a hospital record that: (1) relates to: (i) medical administration; (ii) staff; (iii) medical care; or (iv) other medical information; and (2) contains general or specific information about one or more individuals.
Information compiled in reasonable anticipation of a civil action proceeding. Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals.
The Privacy Act provides that the agency will provide access to records on individuals within our possession unless one of ten exemptions applies. The exact language of the exemptions can be found in the Privacy Act.
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains subject to 12 exceptions.” 5 U.S.C. § 552a(b).
Conditions of Disclosure to Third Parties. The general rule under the Privacy Act is that an agency cannot disclose a record contained in a system of records unless the individual to whom the record pertains gives prior written consent to the disclosure. There are twelve exceptions to this general rule.
The Maryland Wiretap Act makes it a felony to record any telephone or electronic communication unless one is a party to the communication and all other parties give their consent. Md. Code Ann., Cts. & Jud.
Invasion of Privacy: Public Disclosure of Private Facts.
Filing under seal is a procedure allowing sensitive or confidential information to be filed with a court without becoming a matter of public record. The court generally must give permission for the material to remain under seal.
Another strategy, which is rarely used, is to make sure the contract is signed “under seal.” Under Maryland law, a party to a contract signed under seal has 12 years after a breach by the other party to bring a suit to enforce the contract.
