Transcript Bulletin mandatory statutory announcements

• Confidentiality
https://store.theartofservice.com/the-confidentiality-toolkit.html
Dynamic Host Configuration Protocol Confidentiality
In an ISP context, DHCP logs of address
assignments either contain or are linked to
personally identifying confidential information,
the contact details of the client. These are
attractive to spammers, and may be sought
for "fishing expeditions" by police agencies or
litigators. At least one implementation mimics
the Canadian Library Association policy for
book circulation and does not retain
identifying information once the "loan" has
ended.
1
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Electronic business Privacy and confidentiality
Confidentiality is the extent to which
businesses makes personal information
available to other businesses and
individuals
1
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Journalism - Right to protect confidentiality of sources
Journalists' interaction with sources
sometimes involves confidentiality, an
extension of freedom of the press giving
journalists a legal protection to keep the
identity of a confidential informant private
even when demanded by police or
prosecutors; withholding sources can land
journalists in contempt of court, or in jail.
1
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Journalism - Right to protect confidentiality of sources
In the United States, there is no right to
protect sources in a federal court. However,
federal courts will refuse to force journalists
to reveal sources, unless the information the
court seeks is highly relevant to the case and
there's no other way to get it. State courts
provide varying degrees of such protection.
Journalists who refuse to testify even when
ordered to can be found in contempt of court
and fined or jailed.
1
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Information security - Confidentiality
1
If an unauthorized party obtains the
card number in any way, a breach of
confidentiality has occurred.
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Confidentiality
1
Confidentiality is a set of rules or a
promise that limits access or places
restrictions on certain types of
information.
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Confidentiality - Legal confidentiality
Lawyers are often required by law to
keep confidential anything pertaining to
the representation of a client. The duty
of confidentiality is much broader than
the attorney–client evidentiary
privilege, which only covers
communications between the attorney
and the client.
1
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Confidentiality - Legal confidentiality
1
Both the privilege and the duty serve the
purpose of encouraging clients to speak
frankly about their cases
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Confidentiality - Legal confidentiality
However, most jurisdictions have
exceptions for situations where the
lawyer has reason to believe that the
client may kill or seriously injure
someone, may cause substantial
injury to the financial interest or
property of another, or is using (or
seeking to use) the lawyer's services
to perpetrate a crime or fraud.
1
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Confidentiality - Legal confidentiality
1
In such situations the lawyer has the
discretion, but not the obligation, to
disclose information designed to
prevent the planned action. Most
states have a version of this
discretionary disclosure rule under
Rules of Professional Conduct, Rule
1.6 (or its equivalent).
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Confidentiality - Legal confidentiality
A few jurisdictions have made this
traditionally discretionary duty mandatory.
For example, see the New Jersey and
Virginia Rules of Professional Conduct,
Rule 1.6.
1
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Confidentiality - Legal confidentiality
1
In some jurisdictions the lawyer must try to
convince the client to conform his or her
conduct to the boundaries of the law
before disclosing any otherwise
confidential information.
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Confidentiality - Legal confidentiality
1
Note that these exceptions generally do
not cover crimes that have already
occurred, even in extreme cases where
murderers have confessed the location of
missing bodies to their lawyers but the
police are still looking for those bodies.
The U.S. Supreme Court and many state
supreme courts have affirmed the right
of a lawyer to withhold information in
such situations. Otherwise, it would be
impossible for any criminal defendant to
obtain a zealous defense.
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Confidentiality - Legal confidentiality
1
California is famous for having one of
the strongest duties of confidentiality
in the world; its lawyers must protect
client confidences at "every peril to
himself or herself." Until an
amendment in 2004, California
lawyers were not even permitted to
disclose that a client was about to
commit murder.
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Confidentiality - Legal confidentiality
1
Recent legislation in the UK curtails
the confidentiality professionals like
lawyers and accountants can maintain
at the expense of the state.
Accountants, for example, are
required to disclose to the state any
suspicions of fraudulent accounting
and, even, the legitimate use of tax
saving schemes if those schemes are
not already known to the tax
authorities.
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Confidentiality - History of the English law about confidentiality
The modern English law of confidence
stems from the judgment of the Lord
Chancellor, Lord Cottenham, in which he
restrained the defendant from publishing a
catalogue of private etchings made by
Queen Victoria and Prince Albert (Prince
Albert v Strange).
1
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Confidentiality - History of the English law about confidentiality
However, the jurisprudential basis of
confidentiality remained largely
unexamined until the case of Saltman
Engineering Co. Ltd. v Campbell
Engineering Co. Ltd., in which the Court of
Appeal upheld the existence of an
equitable doctrine of confidence,
independent of contract.
1
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Confidentiality - History of the English law about confidentiality
1
In Coco v A.N.Clark (Engineers) Ltd [1969]
R.P.C. 41, Megarry J developed an
influential tri-partite analysis of the
essential ingredients of the cause of action
for breach of confidence:
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Confidentiality - History of the English law about confidentiality
1
the information must be
confidential in quality,
and nature.
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Confidentiality - History of the English law about confidentiality
1
it must be imparted so
as to import an
obligation of
confidence,
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Confidentiality - History of the English law about confidentiality
1
and there must be an unauthorised use of
that information resulting in the detriment
of the party communicating it.
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Confidentiality - History of the English law about confidentiality
1
The law in its then current state of
development was authoritatively
summarised by Lord Goff in the
Spycatcher case
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Confidentiality - History of the English law about confidentiality
1
Although their lordships were divided 3–2
as to the result of the appeal and adopted
slightly different formulations of the
applicable principles, there was broad
agreement that, in confidentiality cases
involving issues of privacy, the focus
shifted from the nature of the relationship
between claimant and defendant to (a) an
examination of the nature of the
information itself and (b) a balancing
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Confidentiality - History of the English law about confidentiality
1
It presently remains unclear to what
extent and how this judge-led
development of a partial law of privacy
will impact on the equitable principles
of confidentiality as traditionally
understood.
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Confidentiality - Medical confidentiality
Confidentiality is commonly applied to
conversations between doctors and
patients. Legal protections prevent
physicians from revealing certain
discussions with patients, even under oath
in court. This physician-patient privilege
only applies to secrets shared between
physician and patient during the course of
providing medical care.
1
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Confidentiality - Medical confidentiality
The rule dates back to at least the
Hippocratic Oath, which reads: Whatever,
in connection with my professional service,
or not in connection with it, I see or hear,
in the life of men, which ought not to be
spoken of abroad, I will not divulge, as
reckoning that all such should be kept
secret.
1
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Confidentiality - Medical confidentiality
1
Traditionally, medical ethics has viewed
the duty of confidentiality as a
relatively non-negotiable tenet of
medical practice.
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Confidentiality - Medical confidentiality
1
Confidentiality is also challenged in
cases involving the diagnosis of a
sexually transmitted disease in a
patient who refuses to reveal the
diagnosis to a spouse, and in the
termination of a pregnancy in an
underage patient, without the
knowledge of the patient's parents
https://store.theartofservice.com/the-confidentiality-toolkit.html
Confidentiality - Clinical and counseling psychology
The ethical principle of
confidentiality requires that
information shared by the client with
the therapist in the course of
treatment is not shared with others.
This is important for the therapeutic
alliance, as it promotes an
environment of trust. There are
important exceptions to
confidentiality, namely where it
1
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Confidentiality - Clinical and counseling psychology
1
On 26 June 2012, a judge of Oslo District
Court apologized for the court's hearing of
testimony (on 14 June, regarding contact
with Child Welfare Services (Norway)) that
was covered by confidentiality (that had
not been waived at that point of the trial of
Anders Behring Breivik).
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iSCSI - Confidentiality and integrity
For the most part, iSCSI operates as a
cleartext protocol that provides no
cryptographic protection for data in motion
during SCSI transactions. As a result, an
attacker who can listen in on iSCSI
Ethernet traffic can:
1
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iSCSI - Confidentiality and integrity
1
Reconstruct and copy
the files and
filesystems being
transferred on the wire
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iSCSI - Confidentiality and integrity
1
Corrupt filesystems being accessed
by initiators, exposing servers to
software flaws in poorly tested
filesystem code.
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iSCSI - Confidentiality and integrity
These problems do not occur only with
iSCSI, but rather apply to any SAN
protocol without cryptographic security. IPbased security protocols, such as IPsec,
can provide standards-based
cryptographic protection to this traffic,
generally at a severe performance penalty.
1
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Security testing - Confidentiality
1
A security measure which protects against
the disclosure of information to parties
other than the intended recipient that is by
no means the only way of ensuring the
security.
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CVSS - Confidentiality
1
Value Description Score
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CVSS - Confidentiality
Partial (P) There is considerable
disclosure of information, but the scope of
the loss is constrained such that not all of
the data is available. 0.275
1
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CVSS - Confidentiality
1
Complete (C) There is total information
disclosure, providing access to any / all
data on the system. 0.660
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CD-R - Data confidentiality
1
Since CD-Rs in general cannot be logically
erased to any degree, the disposal of CDRs presents a possible security issue if
they contain sensitive / private data
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CD-R - Data confidentiality
1
Some recent burners (Plextor, LiteOn)
support erase operations on -R media,
by overwriting the stored data with
strong laser power, although the
erased area cannot be overwritten
with new data.
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Journalistic - Right to protect confidentiality of sources
1
In the United States, there is no right to
protect sources in a Federal government
of the United States|federal court.
However, federal courts will refuse to
force journalists to reveal sources, unless
the information the court seeks is highly
relevant to the case and there's no other
way to get it. State courts provide varying
degrees of such protection. Journalists
who refuse to testify even when ordered
to can be found in contempt of court and
fined or jailed.
https://store.theartofservice.com/the-confidentiality-toolkit.html
E-Business - Privacy and confidentiality
1
Confidentiality is the extent to which
businesses makes personal
information available to other
businesses and individuals.Westfall,
Joseph
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Pretty Good Privacy - Confidentiality
1
PGP can be used to
send messages
confidentially
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Electronic medical record - Privacy and confidentiality
1
In the United States in 2011 there were
380 major data breaches involving 500
or more patients' records listed on the
website kept by the United States
Department of Health and Human
Services (HHS) Office for Civil Rights
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Confidential information - Legal confidentiality
1
California is famous for having one of the
strongest duties of confidentiality in the
world; its lawyers must protect client
confidences at every peril to himself or
herself. Until an amendment in 2004,
California lawyers were not even permitted
to disclose that a client was about to
commit murder.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Confidential information - History of the English law about confidentiality
The modern English law of confidence
stems from the judgment of the Lord
Chancellor, Charles Pepys, 1st Earl of
Cottenham| Lord Cottenham,Prince Albert
v Strange (1848) 1 Mac. G. 25 in which
he restrained the defendant from
publishing a catalogue of private etchings
made by Victoria of the United
Kingdom|Queen Victoria and Albert, Prince
Consort|Prince Albert (Prince Albert v
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Confidential information - History of the English law about confidentiality
However, the jurisprudential basis of
confidentiality remained largely
unexamined until the case of Saltman
Engineering Co. Ltd. v Campbell
Engineering Co. Ltd.,Saltman Engineering
Co. Ltd. v Campbell Engineering Co. Ltd.
(1948) 65 R.P.C. 203 in which the Court of
Appeal of England and Wales| Court of
Appeal upheld the existence of an Equity
(law)|equitable doctrine of confidence,
1
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Confidential information - History of the English law about confidentiality
1
In Coco v A.N.Clark (Engineers) Ltd [1969]
R.P.C. 41, Robert Megarry|Megarry J
developed an influential tri-partite analysis
of the essential ingredients of the cause of
action for breach of confidence:
https://store.theartofservice.com/the-confidentiality-toolkit.html
Confidential information - History of the English law about confidentiality
1
#the information must be confidential in
quality,Saltman Engineering Co. Ltd. v
Campbell Engineering Co. Ltd. (1948) 65
R.P.C. 203 and nature.Lucasfilm Limited v
Ainsworth (2011) UKSC 39.John
Lennon|Lennon v News Group
Newspapers Ltd (1978) FSR. 573
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Confidential information - History of the English law about confidentiality
#it must be imparted so as to import an
obligation of confidence,Coco v A N Clark
(Engineers) Ltd; ChD 1969.Telstra Corp
Ltd v First Netcom Pty Ltd (1997) 148 ALR
202 at 208.
1
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Confidential information - History of the English law about confidentiality
#and there must be an unauthorised
useEnglish Crown|R v Department of
Health; Ex parte Source Informatics Ltd
[2000] 1 All ER 786Smith Kline French
Laboratories (Australia) Ltd v Secretary,
Department of Community Services
Health (1991) 28 FCR 291
1
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Confidential information - History of the English law about confidentiality
1
The law in its then current state of
development was authoritatively
summarised by Robert Goff, Baron
Goff of Chieveley| Lord Goff in the
Spycatcher case.Attorney-General v
Observer Ltd [1990] 1 A.C
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Confidential information - Medical confidentiality
Confidentiality is commonly applied to
conversations between doctors and
patients. Legal protections prevent
physicians from revealing certain
discussions with patients, even under oath
in
court.[http://www.huffingtonpost.com/jacob
-m-appel/dr-coburns-peculiarprivi_b_308077.html Dr. Coburn's Peculiar
Privilege], 2 October 2009 This physician1
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Confidential information - Medical confidentiality
The rule dates back to at least the
Hippocratic Oath, which reads:
Whatever, in connection with my
professional service, or not in
connection with it, I see or hear, in the
life of men, which ought not to be
spoken of abroad, I will not divulge,
as reckoning that all such should be
kept secret.
1
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Confidential information - Medical confidentiality
1
Confidentiality is also challenged in cases
involving the diagnosis of a sexually
transmitted disease in a patient who
refuses to reveal the diagnosis to a
spouse, and in the termination of a
pregnancy in an underage patient, without
the knowledge of the patient's parents
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Address confidentiality program
1
An 'address confidentiality program'
allows victims of domestic violence,
sexual assault, stalking or other types
of crime to receive mail at a
confidential address, while keeping
their actual address undisclosed. This
is usually done through the state's
Secretary of State (U.S. state
government)|Secretary of State’s
address or some other address which
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Address confidentiality program
1
Address Confidentiality Programs (ACP)
and Confidential Voter Listings are
programs administered by the state
enabling victims of domestic violence
(and sometime victims of sexual assault
and/or stalking) to participate in the
voting process without fear of being
found by their abusers. ACPs generally
provide a substitute address for all
public records. Confidential Voter
Listings only provide confidentiality on
election-related public records.
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Address confidentiality program - States that participate, with links
* Connecticut
[http://www.sots.ct.gov/sots/cwp/view.asp?A=3177Q
UESTION_ID=391912]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Idaho
[http://www.idsos.state.i
d.us/ACP/ACP.htm]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Louisiana
[http://www.sos.louisiana.gov/tab
id/467/Default.aspx]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Minnesota
[http://www.sos.state.mn.us/
index.aspx?page=1473]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Mississippi
[http://www.ago.state.ms.us/index.php/
sections/victims/address_confidentialit
y_program]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Missouri
[http://www.sos.mo.gov/safeatho
me/]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Nebraska
[http://www.sos.state.ne.us/ad
min/acp_menu.html]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* New Jersey
[http://www.state.nj.
us/dca/dow/service
guide.shtml]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* New Mexico
[http://www.sos.state.nm.us/
sos-CAP.html]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* North Carolina
[http://www.ncdoj.com/about/about_division_
address_confidentiality_program.jsp]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Oregon
[http://www.doj.state.or.
us/crimev/confidentialit
y.shtml]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Pennsylvania
[http://www.pbpp.state.
pa.us/ova-acp/site/]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Rhode Island Voter registration only
[http://www.corps.state.ri.us/ELECTIONS/r
ules_and_regs/address_confidentiality.htm
]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Texas
[http://www.oag.state.tx
.us/victims/acp.shtml]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Virginia
[http://www.vaag.com/KEY_ISSUES/DOMESTI
C_VIOLENCE/DV_AddressConfidentiality.html
]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Washington (U.S.
state)|Washington
[http://www.secstate
.wa.gov/acp]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* West Virginia
[http://www.sos.wv.gov/
publicservices/acp/Pages/ac
p.aspx]
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Address confidentiality program - States that participate, with links
* Wisconsin Voter registration only
[http://www.legis.state.wi.us/2005/data/lc_
act/act278-sb341.pdf]
1
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Address confidentiality program - Bank Accounts and Address Confidentiality
1
The rules implementing the Bank Secrecy
Act require a financial institution to
implement a Customer Identification
Program that includes procedures that
enable it to form a reasonable belief that it
knows the true identity of its customers.
The rules also require that a financial
institution obtain a residential or business
street address from each customer.
Unfortunately, the substitute address
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Address confidentiality program - Bank Accounts and Address Confidentiality
The Financial Crimes Enforcement
Network issued a letter ruling to help the
situation. The Financial Crimes
Enforcement Network regulations also
allow: “If the individual customer does not
have a residential or business street
address, then the rules permit the
individual customer to provide a
“residential or business street address of
next of kin or of another contact
1
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Address confidentiality program - Bank Accounts and Address Confidentiality
In FIN-2009-R003, the Financial
Crimes Enforcement Network found:
A customer who participates in a
state-created ACP shall be treated as
not having a residential or business
street address and a secretary of state,
or other state entity serving as a
designated agent of the customer
consistent with the terms of the ACP,
will act as another contact individual
for the purpose of complying with
FinCEN’s rules
1
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Suspicious activity report - Confidentiality
Unauthorized
disclosure of a SAR
filing is a federal
criminal offense.
1
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Suspicious activity report - Confidentiality
1
An individual or organization is precluded
from discovering the existence of a SAR
filed that includes their name. Financial
institutions undertake an investigation
process prior to filing a SAR to assure that
the information reported is appropriate,
complete, and accurate. This process will
often include review by financial
investigators, management and/or
attorneys prior to filing.
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Congressional Research Service reports - Confidentiality of CRS Reports
While some CRS research and reports
may reach the American public, the policy
of CRS is to not make them directly
available to members of the public;
instead, they are leaked to the public at
the discretion of congressional clients.
There have been several attempts to pass
legislation requiring all reports to be made
available online, most recently in 2003, but
none have passed.
1
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Congressional Research Service reports - Confidentiality of CRS Reports
Instead, the public must request
individual reports from their Senators and
Representatives in Congress, purchase
them from private vendors, or search for
them in various web archives of
previously released documents. CRS
reports topped the list of the 10 MostWanted Government Documents survey
by the Center for Democracy and
Technology,
1996.[http://www.cdt.org/righttoknow/10m
ostwanted/ 10 Most Wanted Government
1
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Scottish Criminal Cases Review Commission - Confidentiality and disclosure
1
The Commission operates under strict
statutory non-disclosure provisions,
and cannot disclose any information
about individual cases. The
Commission can disclose the fact that
a case has been referred to the High
Court but will not release any
information regarding cases in which
no referral has been made or in
respect of cases under review.
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NSA warrantless surveillance (2001–07) - Corporate confidentiality analysis
1
Corporate secrecy is also an issue. Wired
reported: In a letter to the Electronic
Frontier Foundation|EFF, ATT objected to
the filing of the documents in any manner,
saying that they contain sensitive trade
secrets and could be used to 'hack' into
the ATT network, compromising its
integrity.
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NSA warrantless surveillance (2001–07) - Corporate confidentiality analysis
However, Chief Judge Vaughn Walker
stated, during the September 12, 2008
hearing in the class-action lawsuit filed by
the EFF, that the Klein evidence could be
presented in court, effectively ruling that
ATT's trade secret and security claims
were unfounded.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Parkerian hexad - Confidentiality
1
Confidentiality refers to limits on who can
get what kind of information. For example,
executives concerned about protecting
their enterprise’s strategic plans from
competitors; individuals are concerned
about unauthorized access to their
financial records.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Information security policies - Confidentiality
1
If an unauthorized party obtains the card
number in any way, a breach of
confidentiality has occurred.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Official statistics - Confidentiality
1
All respondents have to be informed about
the purpose and legal basis of the survey
and especially about the confidentiality
measures
https://store.theartofservice.com/the-confidentiality-toolkit.html
Idea - Relationship of ideas to confidentiality agreements
Confidentiality and nondisclosure
agreements are legal instruments that
assist corporations and individuals in
keeping ideas from escaping to the
general public. Generally, these
instruments are covered by contract law.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Primary care ethics - Certification and confidentiality
It is traditional in many countries that
primary care doctors issue certificates to
allow patients to be absent from work for
reasons of sickness
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Primary care ethics - Certification and confidentiality
1
Confidentiality has been identified as a key
concern to general practitioners in the UK
and has been described as one way in
which they display their commitment to
Patient-centered care|patientcenteredness (19).
https://store.theartofservice.com/the-confidentiality-toolkit.html
Workplace health surveillance - Confidentiality of information
1
Most countries have specific regulations
for individual health data, which require
that the worker be informed if this
information is ever shared with any third
party. Workers should have the right to
access this information whenever they
wish.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Mediation - Confidentiality
1
One of the hallmarks of mediation is
that the process is strictly
confidential. Two competing
principles affect confidentiality. One
principle encourages confidentiality
to encourage people to participate,
while the second principle states that
all related facts should be available to
courts.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Mediation - Confidentiality
1
The mediator must inform the parties of their
responsibility for confidentiality.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Mediation - Confidentiality
1
Steps put in place during mediation
to help ensure this privacy include:
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Mediation - Confidentiality
# Outsiders can
observe proceedings
only with both parties'
consent.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Mediation - Confidentiality
Confidentiality is a powerful and
attractive feature of mediation. It lowers
the risk to participants of disclosing
information and emotions and
encourages realism by eliminating the
benefits of posturing. In general,
information discussed in mediation
cannot be used as evidence in the
event that the matter proceeds to court,
in accord with the mediation agreement
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Mediation - Confidentiality
1
The more parties in a mediation, the less likely
that perfect confidentiality will be maintained
https://store.theartofservice.com/the-confidentiality-toolkit.html
Mediation - Confidentiality
Most countries respect
mediator confidentiality.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Restorative justice - Confidentiality
Some restorative justice systems,
especially victim-offender mediation
and family group conferencing,
require participants to sign a
confidentiality agreement. These
agreements usually state that
conference discussions will not be
disclosed to nonparticipants. The
rationale for confidentiality is that it
promotes open and honest
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Psychotherapy - Confidentiality
1
Confidentiality is an integral part of the therapeutic
relationship and psychotherapy in general.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Psychotherapy - Confidentiality
1
It includes protecting specific groups
of people, like children, while treating
private information in a manner that
is in line with a professional ethics
code.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Architect Registration Examination - Exam Confidentiality
All NCARB tests are held in strict
security and confidence and are
protected by United States copyright
law|U.S. copyright laws. Before
beginning the test, candidates are
required to accept NCARB’s
Confidentiality Agreement, which
prohibits any disclosure of exam
content.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Architect Registration Examination - Exam Confidentiality
1
Candidates found to have violated the
Confidentiality Agreement are referred
to NCARB’s Committee on Professional
Conduct
https://store.theartofservice.com/the-confidentiality-toolkit.html
Architect Registration Examination - Exam Confidentiality
1
When exam content is disclosed, NCARB
works with the test consultant, Prometric,
to determine the impact on the exam. If
NCARB finds that it is necessary to
remove (or turn off) content, the ability to
continuously deliver the ARE is seriously
jeopardized.[http://www.ncarb.org/ARE/Ta
king-the-ARE/Exam-Security.aspx Exam
Security]
https://store.theartofservice.com/the-confidentiality-toolkit.html
U.S. Census - Respondent confidentiality
1
The confidentiality of these
replies is very important
https://store.theartofservice.com/the-confidentiality-toolkit.html
U.S. Census - Respondent confidentiality
1
By law (92 Stat. 915, Public Law 95-416,
enacted on October 5, 1978),
individual census records are sealed
for 72 years prohibiting the release of
personal information during
individuals' lifetimes. The individual
census data most recently released to
the public is the 1940 census, released
on April 2, 2012. Aggregate census
data are released when available.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Committee for the Prevention of Torture - Unlimited access, co-operation, and
confidentiality
Under the Convention, CPT
delegations have unlimited access to
places of detention and the right to
move inside such places without
restriction. They interview persons
deprived of their liberty in private and
communicate freely with anyone who
can provide information.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Committee for the Prevention of Torture - Unlimited access, co-operation, and
confidentiality
1
The recommendations which the CPT may
formulate on the basis of facts found
during the visit, are included in a report
which is sent to the State concerned. This
report is the starting point for an ongoing
dialogue with the State concerned.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Committee for the Prevention of Torture - Unlimited access, co-operation, and
confidentiality
The CPT has two
guiding principles: cooperation and
confidentiality
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Committee for the Prevention of Torture - Unlimited access, co-operation, and
confidentiality
1
Of course, the State itself may request
publication of the Committee's report,
together with its comments. In addition,
the CPT draws up a general report on
its activities every year, which is made
public.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Alcoholics Anonymous - Confidentiality
1
US courts have not extended the status
of privileged communication, such as
that enjoyed by clergy and lawyers, to
AA related communications between
members.
https://store.theartofservice.com/the-confidentiality-toolkit.html
P24 antigen - Confidentiality
1
Considerable controversy exists over
the ethical obligations of health care
providers to inform the sexual
partners of individuals infected with
HIV that they are at risk of contracting
the virus.
https://store.theartofservice.com/the-confidentiality-toolkit.html
P24 antigen - Confidentiality
Some legal jurisdictions permit such
disclosure, while others do not. More state
funded testing sites are now using
confidential forms of testing. This allows
for monitoring of infected individuals
easily, compared to anonymous testing
that has a number attached to the positive
test results. Controversy exists over
privacy issues.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
P24 antigen - Confidentiality
1
In developing countries, home-based
HIV testing and counseling (HBHTC)
is an emerging approach for
addressing confidentiality issues
https://store.theartofservice.com/the-confidentiality-toolkit.html
Offshore Financial Centre - Confidentiality
1
However, banks in most jurisdictions will
preserve the confidentiality of their
customers, and all of the major offshore
jurisdictions have appropriate procedures
for law enforcement agencies to obtain
information regarding suspicious bank
accounts, as noted in FATF
ratings.[http://www.fatfgafi.org/pages/0,3417,en_32250379_3223
6963_1_1_1_1_1,00.html Financial Action
https://store.theartofservice.com/the-confidentiality-toolkit.html
Offshore Financial Centre - Confidentiality
Similarly, although most offshore
jurisdictions only make a limited amount of
information with respect to companies
publicly available, this is also true of most
states in the U.S.A., where it is uncommon
for share registers or company accounts to
be available for public inspection
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Offshore Financial Centre - Confidentiality
1
Statutory banking secrecy is a feature of
several financial centres, notably
Switzerland and
Singapore.[http://www.wealthbulletin.com/wealth-business/privatebanking/content/4058445641/ Wealth –
Asset Management – Financial News –
latest headlines]
https://store.theartofservice.com/the-confidentiality-toolkit.html
Social desirability bias - Anonymity and confidentiality
When the subjects' details are not
required, as in sample investigations
and Sampling (statistics)|screenings,
anonymous administration is
preferably used as the person does not
feel directly and personally involved
in the answers he or she is going to
give.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Social desirability bias - Anonymity and confidentiality
Anonymous self-administration
provides neutrality, detachment and
reassurance. An even better result is
obtained by returning the
questionnaires by mail or ballot boxes
so as to further guarantee anonymity
and the impossibility to identify the
subjects who filled in the
questionnaires.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Confidentiality club
1
Confidentiality clubs were described
in 2012 as being increasingly
common.
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Scientology - Auditing confidentiality
1
The Church of Scientology has strict
codes designed to protect the
confidentiality of the information
contained in these folders
https://store.theartofservice.com/the-confidentiality-toolkit.html
Twelve-step program - Confidentiality
Statutes on group therapy do not
encompass those associations that
lack a professional therapist or
clergyman to whom confidentiality and
privilege might apply
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
Patient Safety Work Product must not
be disclosed, except in very specific
circumstances and subject to very
specific restrictions.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
*** Contractor may not further disclose, except back
to the contracted provider or PSO
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
**** Direct identifiers (which are
defined in the regulations) of any
providers, affiliated organizations,
corporate parents, subsidiaries,
practice partners, employers,
members of the workforce, or
household members of such providers
are removed; and
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
**** With respect to any Individually
identifiable health information within the
PSWP, a limited data set (also defined by
regulation) is produced
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* Business operations — A provider or
PSO may disclose to attorneys,
accountants or other professionals for
business operations purposes.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** Further disclosure (except back
to the contracting entity) is
prohibited
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* Authorized by identified providers —
Disclosure is permitted if all identified
providers authorize the disclosure.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
** Authorization
must be in writing,
signed by the
provider, and
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** Must state the nature and
scope of the disclosure
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
* Accrediting bodies (e.g., Joint
Commission|The Joint Commission) —
PSWP may be (but is not required to be)
disclosed to an accrediting body if:
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
** Any identified provider
agrees to the disclosure; or
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** Direct identifiers of any provider (or
affiliated organizations, corporate
parents, subsidiaries, practice partners,
employers, members of the workforce,
or household members) are removed
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** The regulations set out specific
requirements for “nonidentification.”
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* Research — This exception allows
disclosure to researchers conducting
certain types of research projects. If
protected health information is
involved, the Health Insurance
Portability and Accountability
Act|HIPAA privacy and security rules
also apply.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* Food and Drug Administration (United
States)|Food and Drug Administration
(FDA) — PSWP may be disclosed to the
FDA
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
** By a provider
concerning an FDAregulated product or
activity,
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
** By an entity required to report to the
FDA about the quality, safety, or
effectiveness of an FDA-regulated product
or activity, or
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
** By a contractor
acting on behalf of the
FDA or entity for these
purposes
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** If the information relates to an event
that either constitutes the commission
of a crime, or for which the disclosing
person reasonably believes constitutes
the commission of a crime, provided
that the disclosing person believes,
reasonably under the circumstances,
that the patient safety work product
that is disclosed is necessary for
criminal law enforcement purposes
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* Criminal proceedings — But only
after a court makes an in camera (in
closed chambers) determination that:
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
** The PSWP is not
reasonably available
from any other
source
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* Disclosure to permit equitable relief
for reporting individuals — This
exception allows use of PSWP by
individuals who claim they have been
the victim of an adverse employment
action because the individual reported
information to a PSO (either directly to
the PSO or with the intent of having it
reported to the PSO)
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** There must be a “protective order”
issued by the court or administrative
tribunal to protect the confidentiality of
PSWP used in the proceeding
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
* An individual who knowingly or recklessly
violates the confidentiality provisions is
subject to a civil penalty of up to $10,000
for each act constituting such violation.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
* Safe harbor (law)|Safe Harbor — a
provider whose workforce member
discloses PSWP is not deemed to have
violated the Act if that workforce
member disclosure does not include
written or oral statements that:
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** Assess the quality of care
of an identifiable provider, or
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Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
** Describe or pertain to one or more actions or
failures to act by an identifiable provider
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
: Note: the individual workforce member of
the provider would still be subject to
possible penalties if the disclosure is
knowing or reckless. This safe harbor
does not apply to the PSO itself — i.e., a
PSO workforce member’s disclosure is
attributable to the PSO.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality
protections
1
The Act is enforced by the Secretary of
United States Department of Health and
Human Services|Health and Human
Services
https://store.theartofservice.com/the-confidentiality-toolkit.html
Patient Safety and Quality Improvement Act - Privilege and confidentiality protections
* PSWP may be disclosed to (and the
Secretary may require disclosure of
PSWP) to investigate or determine
compliance with the Patient Safety Act or
with HIPAA.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Pseudonymity - Pseudonymity and confidentiality
(2003)
[http://www.cnn.com/2003/TECH/02/17/cre
ditcard.hack/ Hacker accesses 5.6 Million
Credit Cards CNN.com: Technology
(February 18, 2003).] Sites that offer
pseudonymity are also vulnerable to
confidentiality breaches
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Cabinet of Australia - Cabinet confidentiality
The Australian Cabinet follows the
traditions of the British parliamentary
cabinet system, in that the Cabinet is
responsible to the parliament to make
policy decisions, but Cabinet discussions
are confidential and are not disclosed to
the public apart from the announcement of
decisions. This secrecy is necessary to
ensure that items of national security are
not made public, and so that ministers can
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Cabinet of Australia - Cabinet confidentiality
Cabinet documents are held separately
from other documents, and may be
destroyed once no longer in use, or when
a change of government
occurs.[http://www.dpmc.gov.au/guidelines
/docs/cabinet_handbook.rtf Cabinet
Handbook, 5th Edition], p32, Department
of the Prime Minister and Cabinet
(Australia)
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Cabinet of Australia - Cabinet confidentiality
1
Ministers are bound by a principle of
cabinet solidarity, meaning that once
cabinet has made a decision, all
ministers must publicly support and
defend that decision, regardless of
their personal views on the
subject.[http://www.dfat.gov.au/facts/sy
s_gov.html Australia's system of
government], Department of Foreign
Affairs and Trade (Australia).
https://store.theartofservice.com/the-confidentiality-toolkit.html
Samaritans (charity) - Confidentiality
1
Unless the caller gives consent to pass
on information, confidentiality will be
broken only in rare circumstances,
such as when Samaritans receives
bomb or terrorism warnings, to call
an ambulance because a caller
appears to be incapable of making
rational decisions for him or herself,
or when the caller is threatening
volunteers or deliberately preventing
https://store.theartofservice.com/the-confidentiality-toolkit.html
Samaritans (charity) - Confidentiality
In November 2011 the Board of
Trustees UK agreed a motion
breaking with confidentiality in the
Republic of Ireland by agreeing, “To
provide confidential support to
children but report to the Health
Service Executive any contacts (from
either adults or children) where it
appears a child is experiencing
specific situations such as those that
can cause them serious harm from
themselves or others.”
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Brazilian Institute of Geography and Statistics - Requirement and
confidentiality of information
5878 ofMay 11, 1978] deals with the
obligation and confidentiality of
information collected by IBGE, which
is intended exclusively for statistical
purposes and may not be the subject
of the certificate, nor have legal effect
as evidence.
1
https://store.theartofservice.com/the-confidentiality-toolkit.html
Brazilian Institute of Geography and Statistics - Requirement and confidentiality of
information
1
Failure to provide information on deadlines
and the provision of false information is a
material breach subject to a fine, initially,
of up to 10 times the highest minimum
wage in the country, and up to twice this
limit on later occasions. recidivist.
https://store.theartofservice.com/the-confidentiality-toolkit.html
ChildLine - Confidentiality
1
ChildLine's intention is to always keep
calls confidential. ChildLine
counsellors take action, however the
situation, big or small, if they can
help. Counsellors do not record calls
but write down case notes of calls and
sometimes counselling supervisors
may also listen in to calls to make
sure that they can help the best they
can.
https://store.theartofservice.com/the-confidentiality-toolkit.html
Social desirability - Anonymity and confidentiality
1
A further method to assess the prevalence of
socially sensitive issues is the so-called
Randomized response|randomized response
technique. Therein, for example, respondents
secretly throw a coin and respond “yes” if it
comes up heads, and are instructed to
respond truthfully (e.g., drug abuse) if it
comes up tails. This enables the researcher
to estimate the actual prevalence of the given
behavior without needing to know the true
state of an individual respondent.
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