However, most of the exceptions to the general
rule against disclosure without consent set out in s. 7 (3) do not distinguish among different types of data; they permit the disclosure of any personal information as long as the conditions in the exception are met.
Not exact matches
That figure includes 487 individual cases of alleged insider trading, 365 for stock manipulation, 343 for violations of laws and
rules related to financial
disclosure, 196 for contempt of the regulatory agency, and another 94 for fraud
against customers.
The Competition Bureau says lack of
disclosure by bloggers and influencers could fall under its
rules against misrepresentation and false advertising.
The 2004 election cycle saw a dramatic rise in the number and size of nonprofit organizations that bought TV ads, organized voter turnout drives and conducted political «education» campaigns that were effectively working on behalf of (or
against) one candidate or party, and because they used «soft money» in the process, their donors weren't limited in how much they could give and didn't fall under the strict
disclosure rules required when trying to influence an election.
LaBoy, Espada's government spokesman, said that the
disclosure rules are being selectively enforced
against Espada.
A coalition of the state's leading political public relations firms filed a federal lawsuit Tuesday
against the state Joint Commission on Public Ethics, claiming its new
rules requiring
disclosure of outreach to editorial boards represents an unconstitutional expansion of the definition of «lobbying.»
This consent order concerns violations by Airtrade International, Inc., (Airtrade) an online airline ticket agent, of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns violations by AirGorilla, LLC, (AirGorilla), an online airline ticket agent, of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns violations by BusinessJet Class, LLC (BusinessJet), an online airline ticket agent, of the Department's code - share
disclosure rule, 14 CFR Part 257 and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns violations by American Travel Solutions, LLC (ATS), an online airline ticket agent, of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns violations by Fareportal, Inc. (Fareportal), an online airline ticket agent, of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns violations by US Airways, Inc., of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
In a consent order issued on April 26, 2011, the Department assessed a $ 50,000 penalty
against Airtrade for violating the code - share
disclosure rule on its Internet web site.
This consent order concerns violations by Hawaiian Airlines, Inc., of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns violations by United Air Lines, Inc., (United) of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
This consent order concerns Internet advertisements by Globester, LLC (Globester), that violated the Department's full - fare advertising requirements specified in 14 CFR Part 399, the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
Violations («Northwest») of the Department's code - share
disclosure rule, 14 CFR Part 257, and the statutory prohibition
against unfair and deceptive practices, 49 U.S.C. § 41712.
«We will continue to take enforcement action
against airlines and ticket agents when they fail to comply with our code - sharing
disclosure rules.»
Comment 16 to the
rule requires a lawyer to «act competently to safeguard information relating to the representation of a client
against inadvertent or unauthorized
disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision.»
«The client's right to be protected
against the
disclosure of their confidential communications with their lawyers is a cornerstone of the
rule of law, and has existed for centuries.
The first question on appeal asked: Where there is no discovery violation or other misconduct, does the
Rule 219 (e) prohibition
against using the voluntary dismissal to avoid compliance with discovery
rules, deadlines or orders, apply when the witness
disclosure was untimely?
Ransomware is a choice weapon
against legal firms, as attackers understand that firms are highly motivated to protect the confidentiality of their data as well as obligated by ABA Model
Rules to make reasonable efforts to prevent
disclosure or unauthorized access to client data.
James Bullock, head of litigation and compliance at Pinsent Masons, says: «LPP is a
rule of evidence designed to protect individuals
against disclosure to the court.
Before trial, the criminal law seeks to protect an accused from being conscripted
against him - or herself by the confession
rule, the right to remain silent in the face of state interrogation into suspected criminal conduct, and the absence of a duty of
disclosure on the defence: R. v. Hebert, [1990] 2 S.C.R. 151.
The proposal deals with the
rules on
disclosure of evidence, as the victims of infringements of antitrust
rules often encounter difficulties in obtaining all the evidence necessary to start proceedings
against the (alleged) undertakings causing the infringements.
(correct test for Barrister appeals; whether outside the ex improviso
rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders
against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees
against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-
disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for
disclosure by defence)
The High Court has
ruled that in a case
against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of
disclosure of the state's case which the court would require.
That presumption can be rebutted by clear and convincing evidence that shows that all reasonable measures, as discussed in
rule 3.4 - 20, have been taken to ensure that no
disclosure will occur by the transferring lawyer to the member or members of the firm who are engaged
against a former client.
If the medical system shifts predominantly to electronic records in the near future, accompanying privacy
rules will become more critical to prevent unanticipated, inappropriate, or unnecessary uses or
disclosures of individually identifiable health information without patient consent and without effective institutional controls
against further dissemination.
The
rule waives the requirement for individual agreement if the victim is unable to agree due to incapacity or other emergency circumstance and: (1) The law enforcement official represents that the protected health information is needed to determine whether a violation of law by a person other than the victim has occurred and the information is not intended to be used
against the victim; (2) the law enforcement official represents that immediate law enforcement activity that depends on such
disclosure would be materially and adversely affected by waiting until the individual is able to agree to the
disclosure; and (3) the covered entity, in the exercise of professional judgment, determines that the
disclosure is in the individual's best interests.
The final
rule waives the requirement for agreement if the covered entity is unable to obtain the individual's agreement due to incapacity or other emergency circumstance, and (1) the law enforcement official represents that the information is needed to determine whether a violation of law by a person other than the victim has occurred and the information is not intended to be used
against the victim; (2) the law enforcement official represents that immediate law enforcement activity that depends on the
disclosure would be materially and adversely affected by waiting until the individual is able to agree to the
disclosure; and (3) the covered entity determines, in the exercise of professional judgment, that the
disclosure is in the individual's best interests.
We would note that nothing in the final
rule overrides Certificates of Confidentiality, which protect
against the compelled
disclosure of identifying information about subjects of biomedical, behavioral, clinical, and other research as provided by the Public Health Service Act section 301 (d), 42 U.S.C. 241 (d).
In the final
rule we retitle the provision and include it in § 164.502 to reflect the fact that these
disclosures are not made by the covered entity and therefore this material does not belong in the section on safeguarding information
against disclosure.
Under the final
rule, no special protection
against disclosure is provided for peer review information of the type the commenter describes.
We combine the proposed requirements into a single standard that requires covered entities to safeguard protected health information from accidental or intentional use or
disclosure that is a violation of the requirements of this
rule Start Printed Page 82562and to protect
against the inadvertent
disclosure of protected health information to persons other than the intended recipient.
Fair Laboratory Practices Associates v. Quest Diagnostics Inc., the Second Circuit upheld a Southern District of New York
ruling which dismissed an action brought by the former general counsel of the defendant Unilab Corp., a wholly - owned subsidiary of Quest Diagnostics Inc., as well as his co-relators, Unilab's former CEO and CFO and disqualified them and their external counsel from bringing any subsequent related qui tam action seeking a whistleblower aware, on the basis that «such measures were necessary to prevent the use of [the former general counsel's] unethical
disclosures against defendants.»
Ontario Superior Court Justice Ian Nordheimer
ruled in R. v. Nestlé Canada Inc., that «settlement privilege» does not trump the Crown's
disclosure obligations in a criminal prosecution
against another party.
If the government actually wants to protect the public
against Facebook abusing its power, it would need to go harder than the Honest Ads Act that would put political advertising on Internet platforms under the same scrutiny regarding
disclosure of buyers as the
rules for TV and radio advertising.
Previously, though, Facebook lobbied
against more extensive political ad
disclosure rules.
But, doesn't this proposal smack
against the
rules many of us learned in graduate programs about maintaining a professional posture: no self -
disclosure, no physical touch with clients, no accepting any gifts?
In fact, the «
rules» lawyers follow in this type of representation may prevent such
disclosures as being
against their client's interests.
Existing attempts to deal with the problem through government - mandated
disclosures,
rules against markups and prohibitions of referral fees have only added to the complexity of the process without preventing overcharges.
The court
ruled that the Broker's confidentiality policy was contrary to the purpose of the property
disclosure law and that the Buyer had sufficiently alleged a cause of action
against the Broker for its failure to disclose the information from the earlier transaction.
On the other hand, when sellers or their agents have attempted to use the property condition
disclosure forms to deceive or mislead purchasers, the courts have been equally swift in
ruling against them.
Editor's Note: Following the
ruling in favor of the Challenger on the due process claims, the court entered a permanent injunction
against the State from making the public
disclosures required in the Law and also granted the Challenger's motion for class certification (see Doe v. Lee, No. 3:99 CV314 (RNC), 2001 WL 536729 (D. Conn..
If there is a subsequent sale of the property and the licensee, who is the principal shareholder of ABC Mortgage Corporation which holds the mortgage registered
against the property, is not providing trading services to the seller and buyer of the property and has no knowledge of the sale, that licensee would not be required to make
disclosure in accordance with section 5 - 9 of the
Rules.
The appellate court
ruled against the buyers» contention that the rep had failed to meet the obligations for fiduciary duty listed in the agency
disclosure form they had signed.