Legal Definitions - confidentiality

Confidentiality refers to the principle of keeping certain information private and restricting its disclosure to others. It involves a duty, often legal or ethical, to protect sensitive details shared within a specific relationship or context, based on trust and the expectation that such information will not be revealed without permission.

Here are some examples illustrating confidentiality:

• Medical Records: When a patient visits a doctor and discusses their health history or a specific medical condition, the doctor and their staff are bound by confidentiality. They cannot legally or ethically share this private health information with family members, employers, or other third parties without the patient's explicit consent, except in very specific, legally defined circumstances (e.g., public health emergencies).

  This illustrates confidentiality because the patient trusts the medical professionals with highly personal data, and there is a legal and professional duty to keep that information private and secure.

• Business Trade Secrets: A software company develops a unique algorithm that gives them a competitive edge. They require all employees, especially those involved in development, to sign a Non-Disclosure Agreement (NDA) as part of their employment contract. This agreement legally obligates employees to maintain the confidentiality of the algorithm and other proprietary business strategies.

  This example demonstrates confidentiality as a contractual obligation to protect sensitive business information (trade secrets) from being shared with competitors or the public, thereby safeguarding the company's intellectual property and market position.

• Client-Attorney Privilege: A person consults with an attorney regarding a potential lawsuit. During their discussions, the client reveals highly sensitive personal and financial details relevant to the case. The attorney is legally bound by client-attorney privilege, a form of confidentiality, which prevents them from disclosing these details to anyone outside of the legal team without the client's permission.

  This illustrates confidentiality as a fundamental legal protection that fosters trust between a client and their legal counsel, ensuring that clients can share all necessary information without fear of it being used against them or revealed publicly.