Legal Definitions - secret

A secret, in a legal context, refers to information that is intentionally kept private, either by explicit request or due to an inherent duty of confidentiality. It is information that, if disclosed without authorization, would constitute a breach of trust or a violation of a professional obligation, potentially causing harm or embarrassment to the person or entity to whom the information pertains. This concept is particularly strong in professional relationships, such as between a lawyer and client, where specific rules prevent the disclosure of sensitive information.

• Example 1: Company's Strategic Plans

  A major automotive manufacturer is secretly developing a groundbreaking electric vehicle model with a unique battery technology. Only a select group of engineers, designers, and senior executives are privy to the detailed specifications, production methods, and launch strategy. All individuals involved have signed strict non-disclosure agreements.

  This information constitutes a "secret" because it is intentionally withheld from competitors and the general public. Its unauthorized disclosure by an employee would be a significant breach of their contractual obligations and trust, potentially undermining the company's competitive advantage and causing substantial financial losses.

• Example 2: Patient's Mental Health Information

  A patient confides in their psychiatrist about a severe anxiety disorder and past traumatic experiences. The patient explicitly asks the psychiatrist to keep all details of their treatment and condition strictly confidential, fearing social stigma if the information were to become public.

  The patient's mental health information is a "secret" that the psychiatrist is legally and ethically bound to protect. Disclosing this information without the patient's express consent would be a severe breach of the doctor-patient trust and privacy laws, potentially causing the patient significant emotional distress, embarrassment, and even discrimination.

• Example 3: Client's Financial Difficulties Shared with an Accountant

  During a tax consultation, a small business owner reveals to their accountant that their company is facing severe financial distress and is on the verge of bankruptcy. The business owner shares sensitive financial records and personal anxieties about the situation, trusting the accountant to handle this information discreetly.

  The details of the business owner's financial struggles are considered "secrets" within the professional relationship. The accountant has a professional and ethical duty to maintain the confidentiality of this information. Unauthorized disclosure could not only damage the client's reputation and business prospects but also be a breach of professional conduct standards.