magazine
breached confidentiality by publishing secretly snapped pictures of the couple's November 2000 celebration.
In the Kitchener style («your country needs you»: 1914) of much modern code drafting (and even court forms, harrumph) the rule states: «If you are a lawyer... and you personally hold, or your firm holds, confidential information in relation to a client or former client, you must not risk
breaching confidentiality by acting, or continuing to act, for another client... where: (a) that information might reasonably be expected to be material; and (b) that client has an interest adverse to the [other] client, except where proper arrangements can be made to protect that information [as set out later in the rules].»
Not exact matches
According to Verizon's 2015 Data
Breach Investigations Report, about 50 percent of all security incidents — any event that compromises the
confidentiality, integrity or availability of an information asset — are caused
by people inside an organization.
Doe's best argument might be «that the church
breached a promise of
confidentiality made
by the member who said, in the lead - up to the baptism, «Nobody will find out.
Although identities will remain confidential as much as possible, as I can not control the media, I can not take responsibility for any
breaches of
confidentiality that may occur Finally, the material produced
by myself may be reproduced for personal use, provided that appropriate credit is given.
The scenarios ran the gamut of clinic woes: missing Drug Enforcement Agency (DEA) drugs; a
breach of client
confidentiality when photographs of a patient are posted on the Internet; a long - term employee who develops physical problems and a toxic attitude; the pros and cons of major equipment purchases; a new specialist who takes advantage of training funded
by the clinic, then accepts a new job; a veterinarian who suffers fatal injuries on the job; an emergency call from a client who has not paid bills in the past.
In fact, if there ever were such
confidentiality agreements, then CRU had
breached them right from the start —
by sending the 1991 version of the data to the US Department of Energy which published the station data online;
by placing the 1996 version online at CRU as part of the ADVANCE / 10K program; and
by sending station data out on request (not just to Georgia Tech, but to others, including Mann and Rutherford in 2005 and even to me in 2002 before I was identified as a potential critic).
Other kinds of companies may use data brokers to compile lists for marketing purposes but law firms would be running severe risks for
confidentiality breach by doing this.»
However, a general lack of understanding combined with perceived information governance risks means that all too often organisations, and individuals within them, are so risk averse that they are prevented from sharing appropriately
by the fear of a
breach of the Data Protection Act 1998 («DPA»), the common law duty of
confidentiality or the myriad of NHS guidance.
Thus far, the existence of a mediation contract requiring
confidentiality has not succeeded in affording any wider protection than that afforded
by the without prejudice principle, albeit that a contractual remedy may afford a secure basis for the obtaining of an injunction to restrain a threatened
breach of that
confidentiality: see Venture Investment Placement Ltd v Hall [2005] EWHC 1227 (Ch), [2005] All ER (D) 224 (May) and David Instance v Denny Brothers Printing Ltd [2000] FSR 869.
Advising a digital communications agency on
breach of
confidentiality obligations owed
by a current employee to a former employer.
That's what suggested in this story, reporting that two federal prosecutors may have
breached ethics rules guarding attorney - client
confidentiality by using an informant to infiltrate the defense camp and gather information.
Prominent Calgary lawyer Kristine Robidoux, best known for her work defending corporate clients on bribery charges, has been suspended
by the Law Society of Alberta and resigned from Gowling Lafleur Henderson LLP, in the wake of being found to have
breached client
confidentiality in 2008.
The tribunal found that the complaints of victimisation
by the claimant's colleagues,
breach of
confidentiality, failure to consider the claimant for a superintendent post and instigation of disciplinary proceedings amounted to unwanted conduct and therefore the harassment claim was made out.
The complainant made several allegations against each registrant, e.g., a registrant did not supervise clinical exercises properly
by allowing students to take responsibility for treatment; a registrant was not aware of results of treatment, putting patients at risk; registrants did not act properly as nurses when aware of the risks the complainant posed to others; the complainant's
confidentiality was
breached; and a registrant acted outside her authority as a Langara College instructor.
«Another type of claim that may be carved out from the LOL are claims resulting from the
breach of the agreement's
confidentiality provisions, especially when one or both of the parties is giving the other party access to highly confidential information, the release of which would cause the party serious damage
by compromising its competitive advantage.
Disclosure for Management and Administration: Except as otherwise limited in this HIPAA Addendum, BirdEye may disclose PHI for the proper management and administration of the BirdEye, provided that disclosures are Required
by Law or BirdEye obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential, and used or further disclosed only as Required
by Law or for the purpose for which it was disclosed to the person, and the person notifies BirdEye of any instances of which it is aware in which the
confidentiality of the information has been
breached.
Employees must honor the privacy rights of APPLEBEE's and its employees
by seeking permission before writing about or displaying internal APPLEBEE»S happenings that might be considered to be a
breach of privacy and
confidentiality.
The contract must limit further disclosures of the protected health information for these purposes to those that are required
by law and to those for which the business associate obtains reasonable assurances that the protected health information will be held confidentially and that it will be notified
by the person to whom it discloses the protected health information of any
breaches of
confidentiality.
Some of these situations are likely to be covered
by express provisions of the outsourcing agreement, e.g. outsourcing agreements normally provide that it is not a
breach of the
confidentiality obligations for a party to disclose confidential information to the extent required
by applicable law.
Former Globe and Mail columnist Jan Wong's
breach of a 2008
confidentiality agreement with the newspaper and order to repay her settlement could mean more explicit agreements will be demanded
by employers in the future.
The major implications for banks targeted
by HMRC will be the administrative burden of producing the information requested; the risk of
breaching confidentiality laws in the countries where the offshore accounts are held — for example under Swiss and Cayman Islands law there are criminal sanctions for
breaching client
confidentiality — and other conflict of laws issues; and the risk of Financial Services Authority investigations if it seems that the bank had encouraged the use of offshore accounts in a misleading way, eg
by advertising them as tax - free, or
by suggesting that HMRC would never know about the income earned on sums in the accounts.
In Re an Application
by Revenue and Customs Commissioners to Serve Section 20 Notice (No 2)[2006] STC (SCD) 360, involving a bank which had branches in a number of offshore jurisdictions — although the exact locations were redacted from the published decision — the special commissioner held that even if delivering up documents relating to customers of those overseas branches meant that the bank was
breaching its duties of
confidentiality in those jurisdictions, they must be delivered up if they are in the possession or control of the bank.
Code s. 1798.82 (a)-RRB-, which empowers its Attorney General to investigate and pursue legal action against businesses in violation of its provisions, as well as requiring mandatory notifications to consumers, defines «
breach of the security of the system» as «unauthorized acquisition of computerized data that compromises the security,
confidentiality, or integrity of personal information maintained
by the person or business.»
Claim Group members must not
breach that
confidentiality, such as
by sharing that confidential information with others (for example, talking about it to a mining company that they work for).
f. Provider is not liable for
breaches of
confidentiality caused
by the client or any third party.
g. Emails and texts may not be secure and therefore it is possible that the
confidentiality of such communications may be
breached by a third party.
The
confidentiality clause in a settlement agreement is not unusual and there is now authority from the Superior Court of Ontario that
breach of the
confidentiality will lead to repayment of the portion of the settlement
by the wrongdoer.
Obviously if the member site has been given approval
by both buyer and seller to publish it is not
breaching confidentiality however I believe publishing it publicly in any fashion prior to closing is a reckless thing to do in the event the deal falls through as this can damage the seller's position going forward.
Two licensees were reprimanded
by the Council for
breaching a continuing duty of
confidentiality to a seller they represented in the listing of the seller's property.
The Council found that there was a continuing duty of
confidentiality on the part of the two licensees after the expiration of the agency relationship and that the licensees,
by providing the affidavits, had
breached their duty of
confidentiality.