You may experience your doctor, lawyer, or therapist informing you that conversations are confidential. Employers can also issue confidentiality agreements for certain business information. When there is a breach of confidentiality, it is a confusing time. You can be unsure of what constitutes a breach and if you have any legal options. Our Chicago breach of confidentiality lawyer can help you with any questions pertaining to confidentiality issues.
In a legal sense, confidentiality means not disclosing private information to anyone not authorized to access it. Under confidentiality, you should not use this information to the detriment of others. Revealing this information can potentially harm a person or business. The level of confidentiality owed will depend on the relationship between the individuals or entities. One caveat is that the information should not be released unless there is a good reason to disclose it. This caveat is often an area of contention faced by our breach of confidentiality lawyers.
Determining who owes a duty of confidentiality will depend on various factors. The two key factors to consider are the vulnerability of the person giving the information and the trust in the relationship between the two parties. Most often, this can include doctor-patient confidentiality or attorney-client relationships. It may also include employer-employee relationships.
Another instance where there might be a duty of confidentiality is when there is a written confidentiality agreement. The agreement is a legally binding document that outlines what information is confidential and how it should be protected. It will also include what happens if the confidentiality agreement is violated.
The duty of confidentiality typically applies in professional settings. Sharing a secret with a friend and telling them not to say it to someone is not a legal breach of confidentiality. It is a breach of trust but not legal confidentiality.
Doctors, therapists, and lawyers handle sensitive information, and most know their responsibilities. In other cases, there is a confidentiality agreement outlining these duties. When a person owes a duty of confidentiality and shares that information with a third party, that can constitute a breach.
To hold a person liable for a breach of confidentiality, you and your lawyer will have to prove these elements:
There are some exceptions, such as when the information indicates the person will harm themselves or others. Discussing a potential breach with a Chicago breach of confidentiality lawyer is best.
When you believe someone has breached confidentiality, you should gather any proof referring to the duty they owe you, the information you shared, and the consequences of sharing that information. Once you have this evidence, consult our Chicago breach of confidentiality lawyer. You might also have to report the violation to professional organizations the person is part of. You might be able to sue the individual or entity for damages.
Discuss your options with the Chicago breach of confidentiality lawyers from Malman Law. Call our office at (888) 746-5015 today.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023
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