Disclosure Vs Confidentiality In Massachusetts
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FAQ
Information is 'confidential' if there is a restriction on its disclosure, normally placed by the person or organisation that provides it.
In contrast to secrecy with its withholding of guilt and shame, confidentiality can be viewed as a therapeutic factor. Information shared in confidence within the group is not withheld in a spirit of fear or antagonism to some agency outside the group.
Rule 1.6 of the Massachusetts Rules of Professional Conduct provides that “a lawyer should not reveal confidential information relating to the representation of a client,” with certain exceptions. Rule 1.9(c)(2) provides that this confidentiality obligation also applies to former clients.
There are two things that sellers must disclose in Massachusetts: the existence of lead paint in the house and presence of a septic system. However, if a prospective buyer asks questions, the seller cannot lie or hide the truth.
What is a nondisclosure agreement? Whereas confidentiality agreements are typically devised in employment or personal situations to protect sensitive information, NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data.
Governor Healey Issues Formal Policy Prohibiting Non-Disclosure Agreements Across Executive Branch | Mass.
Common law confidentiality is not codified in an Act of Parliament but built up from case law through individual judgments. The key principle is that information confided should not be used or disclosed further, except as originally understood by the confider, or with their subsequent permission.
Non-Disclosure Agreement is used when the obligation is one-way (or unilateral). However, if there is a two-way (or multi-lateral) exchange of secret or commercially sensitive information, the agreement is more likely to be titled a Confidentiality Agreement.
The only times a psychologist would break confidentiality are in the event of threats of harm to self or other; reports that a child (under 18 years of age) or an elder (60 years and older) is being abused or neglected in some way; or if there is a subpoena or court order.
