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Confidentiality protects sensitive information from unauthorized disclosure or intelligible interception. Cryptography and access control are used to protect confidentiality.
The agreement should identify the purpose to which the recipient can put the confidential information. All other uses of the confidential information should be prohibited. Sometimes a confidentiality agreement states that no rights are licensed by the confidentiality agreement. This is stating the obvious.
There are four exceptions to attorney-client privilege and six exceptions to the duty of confidentiality. Two of the exceptions apply to both the attorney-client privilege and the duty of confidentiality!
Mandatory Exceptions To Confidentiality They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.
A number of exceptions allow for discretionary disclosure of client confidential information. Many of the exceptions only apply in instances in which some type of harm could result to another if the confidential information is not disclosed in some manner to address the anticipated or past conduct of the client.
The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.
Breaching Confidentiality.Confidentiality can be broken for the following reasons:Threat to Self.Threat to Others.Suspicion of Abuse.Duty to Warn.
The following situations typically legally obligate therapists to break confidentiality and seek outside assistance:Detailed planning of future suicide attempts.Other concrete signs of suicidal intent.Planned violence towards others.Planned future child abuse.Formerly committed child abuse.Experiencing child abuse.More items...?
There are three essential elements to establish whether you have breached confidence:Information Must Be Confidential. The information must actually be confidential.Circumstances Create an Obligation of Confidence.Unauthorised Use of the Information.
Here are some examples of confidential information:Name, date of birth, age, sex, and address.Current contact details of family.Bank information.Medical history or records.Personal care issues.Service records and file progress notes.Personal goals.Assessments or reports.More items...?