Confidentiality

Question: Confidentiality? How can confidentiality contracts be enforced and what sort of damages can be awarded if they are broken?

Answer: Usually the contract will spell that out. A contract that says "I promise to keep this quiet" isn't very meaningful. Technically, a contract is "quid pro quo" - I give you something, you give me something. If both sides don't get something, it's meaningless. i.e. I keep your secret, you give me money. In that case, if I blab, I broke the contract and presumably have to return what I got because I'm not entitled to it any more. However, if there's no time limit, it's probably also meaningless; the terms of failure have to be spelled out. that's typically what secret lawsuit settlements are all about - we'll pay your malpractice claim provided you don't tell others how much we're willing to settle for. If you do tell, the deal's off and you return the money. I suppose also the point would be if I break the contract and it costs you (I blabbed about your Van Gogh painting, now people are breaking in to steal it) then you could sue me for those costs. That would be an interesting court case. There are other stipulations too - you cannot contract to do anything illegal. (After all, the courts won't enforce illegal acts). A non-disclosure contract can't be enforced against legal compulsion to speak - as a witness in court, for example. If you conspire to do something illegal, that's conspiracy - also illegal.

Question: confidentiality? What do I do if my confidentiality is violated by a mental health professional. It was nothing serious or life threatening but has caused a problem?

Answer: I would address a law that is familiar with the legal workings of HIPAA Laws. Call around and ask. They would be able to determine whether or not your confidentiality was violated legally and whether or not you are deserving of punitive settlements ($).

Question: confidentialitY? what in the uk can teachers phone your parents legally and tell them everything you told them about?what is it that makes them have to tell parents?i need to know cos of something that happenes,i dont know if it was fair to phone parents or not.please help.thanks

Answer: I think that if the teacher hears something that can effect the physical and/or emotional heath, and educational needs they should be able to tell parents. Assuming your the teacher not the student.....I would suggest talking with your supervisor first.

Question: What are the legal guidelines to medical confidentiality after death? After one's death, what are the legal guidelines to medical confidentiality especially under the scope of psychiatry and psychology where your sessions are essentially private. Are these information no longer private after the patient's death?

Answer: No. The doctor-patient confidentiality agreement lasts forever. Even after one has died, a doctor cannot reveal that person's treatment details barring a few extremely special circumstances or if ordered to by a court.

Question: Who should I get to sign the confidentiality agreeement? I am planning on pitching prototyped footwear to major manufacturing and retail companies, who should I get to sign the confidentiality agreement? How high up should the title be of the person reviewing the idea?

Answer: I would suggest, with all due respect, that you probably need the advice of an intellectual property attorney who can determine whether your prototype can and should be patented, what your confidentiality agreement should contain, and which officer or officers in each company should be required to execute your confidentiality agreement. If the President/CEO were to execute your confidentiality agreement on behalf of his or her company, then that would be binding on the company and its employees. But if an officer who was not the President/CEO signed the agreement, you would need to know that it was clearly within the scope of responsibilities that the company had conferred upon him/her to execute product confidentiality agreements on the company's behalf. i would suggest you consult a competent attorney if at all possible. Good luck.

Question: Does a confidentiality clause go out the window once a crime has been committed by an employer? If an employee who has signed a confidentiality clause is made victim of a crime at work and he/she reports it as well as additional, relevant information regarding the crime to the authorities (information of a sensitive nature to the employer), is the employee considered to be in breach of contract and if so, what are the chances of the employee finding his/herself in hot water?

Answer: Zero. Confidentiality agreements are more geared towards leaking information to a competitor or any other entity that might threaten the company's hold on intellectual property. Having to give information to the authorities is not the same thing.

Question: What is the purpose of a confidentiality agreement in the book i read? I recently read the book Austenland by Shannon Hale. ( http://www.squeetus.com/stage/books_aust… ) That website should explain the book's plot. the protagonist Jane goes to an English resort where they pretend to be in the 19th century. However, all visitors to the resort are required to sign a confidentiality agreement. I know that if you haven't read the book this may not make sense, but does anyone know why all visitors have to sign a confidentiality agreement?

Answer: As you say not having read the book this may not make sense - it is just a suggestion if the whole purpose of the resort is as a theme visit perhaps there is something that happens that adds to the enjoyment and the confidentiality agreement is to try and keep the "secret" of this event so that it is a surprise for other visitors many mystery plays ask the audience not to divulge the secret of the plot in the notes to the play in the programme and I believe that many years ago some have asked audiences to sign such a clause (the world's longest runninng play The Mousetrap springs to mind - certainly they are still asking audiences not to reveal the twist ending 60 years after its run first started)

Question: What are the confidentiality issues for minors in juvenile courts? What I need to know is what confidentiality issues are there with juveniles?

Answer: you'd need to be more specific. do you mean in a criminal court? also, depends on where you are. and who wants the information - more can be shared with schools, for example, than the general public.

Question: After signing a confidentiality clause in a court settlemtnt, is information available to the public? If you sign a confidentiality clause in a legal settlement, how much information is available to the public regarding the deposition and original complaint. Where would one access this information? as little as it may be. Where/how would the media access this information?

Answer: The confidentiality clause only applies to the settlement itself. Everything else (complaint, etc.) is public information.

Question: What steps do you take to ensure you maintain customer confidentiality? for example if you were working for the planning section in at the local council and you dealt with local planning applications, customer complaints and queries, stakeholder inquiries, you had to conduct inspections of building sites, etc, how do you ensure you maintain a high level of customer confidentiality?

Answer: by keeping your mouth shut is the main one. ensuring all sensitive material is secured. there are thousands of way, hundreds of policies and procedures in place to ensure confidentiality, the only uncontrollable factor is the human race, lose lips sinks ships.

Question: What are the legal terms on expiration of confidentiality agreements? I am specifically looking for rules or laws over the terms on a confidentiality agreement for the following countries: Netherlands, UK, Germany, France, Malaysia) or in general. Is there a standard expiration date on confidentiality agreements? Thanks in advance for any help.

Answer: I have no clue!

Question: What are the patient-doctor confidentiality laws for minors in California? The pharmacy my mom goes to wouldn't let my mom fill a prescription for acne creme for my 17 year old brother because they said that it violated patient-doctor confidentiality rights. Is this true? As his mother, shouldn't she be able to pick it up and pay for it?

Answer: yes for a minor she can. you wouldnt see a 5 yo kids going in and getting their meds would you!

Question: Can a ASL translator breach their confidentiality agreement in order to report criminal activity? For some reason this came up in a discussion at work. If a deaf person talked about a crime through a translator, could the translator then report the crime and have it still be admissible in court even though they have signed a confidentiality agreement?

Answer: Interpreters MUST be confidential, only exception is the same as a psychiatrist, when injury or murder or whatever is involved.

Question: What act/legislation does privacy and confidentiality fall under in the workplace? Hey, I'm doing all OHS stuff in my VET class, and I'm wondering what act/legislation does 'privacy and confidentiality' fall under concerning the workplace? Thanks!

Answer: It depends on what they are directed at. Contracts signed by employees often require confidentiality agreements. Can you be more specific?

Question: Are confidentiality templates on the web legally binding? I want to share some ideas I have with some people and would like them to sign a confidentiality agreement or a non disclosure agreement. There are templates for this on the web, but are these legally binding? Do I need to hire an attorney to draft one up to be legit? Thanks!

Answer: Anything you get on the web or predrafted is going to be more full of holes then a window screen. you need an attorney to draft one specifically for you, even if it is mostly boilerplate, because laws vary by state, the details specific to you matter, and knowing which boilerplate to put in and which to leave out is important too. Finally, if the agreement is breached, you are going to need someone to prosecute a case for you, and that is not likely to be possible if you got your agreement off the web, at least not if the other party calls your cheap attorney's bluff. Also be aware that some people, in some roles, such as early stage investors, will not sign NDA agreements as a matter of course until and even after a business relationship is established. I run my early stage consulting business on those grounds not because I am a threat to steal, but because I can't know ahead of time what you are going to tell me, if it conflicts with other projects I have, or might have in the future. In fact, insistence on signing an NDA in such a situation is a sign of naivite' in my view, and I generally walk away with no regrets. You should be very skeptical about the qualifications of anyone that *would* sign an NDA at an "idea" stage, and you should have a much better sense of trust with someone *before* you even offer to share. After all, all it takes is a stolen laptop, a misdirected email, a copy of your paper left lying on a desk or even the kitchen counter at home, and poof it is gone. No NDA can prevent that or remedy it, but trust can prevent it.

Question: Why is confidentiality, accuracy and security of record important? Why is confidentiality, accuracy and security of record important?

Answer: if you have to ask this you definitely don't belong in law. i hope to god that isn't your major

Question: What to do when you know when confidentiality is broken by one of your colleagues? I am a mental health therapist that works directly with a program coordinator in a home for wards of the state. My colleague took some kids on an outing and brought her boyfriend along on the outting. Should I say anything about this to my supervisor? I believe she broke the confidentiality rule in our profession, however dont want to make waves with her since I work with this person directly on a daily basis.

Answer: My reaction would depend on the boyfriend. Is he a caring guy that helped with the kids, provided transportation, picked up part of the tab, let some of the kids talk to him (without his input in return)? Or was he strictly her bed buddy for the occasion or an obnoxious tag-a-long? Unless the guy is a total jerk and ruined the outing for the kids or is in some way a physical threat to them, is this critical to report? Did he have access to their files and histories? Regarding the confidentiality rule, was his presence on the outing a felony or a misdemeanor? By who's standards? Isn't this a gray area among all the black and white Rules? Is this the worst thing anyone has to worry about? And, is it that important to risk what YOU would be risking to bring it to someone's attention? You are correct in assuming that you will earn everyone's distrust and disrespect by going to the supervisor. Whistle-blowers may serve a purpose, but are generally seen as rats or troublemakers. The supervisor's opinion of the colleague and YOU will also change. The colleague will never trust you again, and if the kids liked the boyfriend, the kids may think you're a jerk also. For every action, there is an equal but opposite reaction. Don't think this will stay a secret. If it involves disciplinary action, she could fight it tooth and nail. If the boyfriend was a threat and you feel that she will continue to include him on outings, then you should let someone in authority know, and make it THEIR problem. I have physician friends, and am very well aware of confidentiality rules. But remember the old saying about "kill the messenger," and no one likes a tattle-tale. This could backfire all over your own career if the guy was a nice guy providing an escort for a pleasant day trip. Good luck with your decision.

Question: What are the boundaries or limits of Confidentiality, after Therapy? What can I or am I not to discuss? Three months ago, I was in Cognitive Therapy. Now that I have complete the program, would sharing what is taught there with others be considered breaching Confidentiality?

Answer: No only details about the therapist or if it were a group any other members - unless you signed a confidentiality agreement about the process

Question: Help on purpose of maintaining secrurity and confidentiality at work question? I have been given this question and i have noidea how to answer it and what to say. Outline the purpose of maintaining security and confidentiality at work. HELPPPP! Thanks :) xx

Answer: Maybe this will give you some ideas. Basically, we must comply with the Data Protection Act and this explains the need for the precautions which are to be seen in the workplace. http://www.adviceguide.org.uk/index/life…

Question: What is the meaning of Role of Fidelity and Confidentiality? Can you please include examples or situations that would reflect to the topic "Role of Fidelity and Confidentiality"? Please help me find the answers about our research in Health Ethics. That was the topic given to us by our clinical instructor and we need to present it 2 weeks from now. I need more sources so that i can understand more about that topic. Thank you.

Answer: At the old Bill Knapps restaurants, when you sat down and ordered a beverage, they would bring you a role and butter. The role was a Role of Fidelity and Confidentiality, and never did a role taste better than that one. The butter was Butter of Serendipity and Customer Loyalty. I really miss Bill Knapps restaurants. The waitresses were so nice, and they gave you a discount on your birthday. And those Roles! Delicious! And full of fidelity AND confidentiality! Not to mention butter, and, if you asked for some, a little Honey! I wish I had a time machine so I could go back in time and get some of those Roles. I would take you with me, sweetie, if you wanted to try one. Oh, and if you want more sources, just come to my Thursday bridge club. All the girls loved loved LOVED those roles.