Alex Denne

Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

When Can You Legally Disclose Information?

9 Jun 2023

38 min

Legal

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Disclosing information is an essential part of the legal process, with critical implications for protecting people’s rights and interests in both legal and business contexts. However, not all information must be disclosed - certain types such as privileged communications, trade secrets, and other sensitive data are kept confidential. Moreover, there are certain statutory requirements that must be met when it comes to disclosing information in order to remain compliant with the law.

Understanding these legal parameters is key for businesses to protect themselves from risks and liabilities associated with disclosure. This is why Genie AI has developed a free template library to guide you through this process without paying a lawyer or specialist. The template library consists of millions of datapoints which teach their AI what a market-standard disclosure looks like, enabling anyone to draft and customize high quality legal documents - all while taking into consideration any variations in consensus on the topic of disclose information.

So if you’re looking for accurate and fair decisions on disclosing information - whether it’s within the courts or within your business - make sure you read on below for our step-by-step guidance and how to access our template library today; it’s just one more way Genie AI can help you protect your rights and interests.

Definitions

Applicable Laws and Regulations: Laws and regulations that pertain to the particular situation or context.
Implied Consent: When a person is assumed to have given their consent to an action, even though they have not explicitly consented.
Public Information: Information that is available to the public, such as information posted on a website or in a newspaper.
Private Information: Information that is not available to the public, such as medical records or financial information.
Confidentiality Agreement: A contract between two parties that outlines the confidential information that must be kept private.
Obtaining Consent: The process of asking for and securing permission from an individual before disclosing information.

Identifying the legal requirements for disclosing confidential or sensitive information
Researching applicable laws and regulations
Consulting legal counsel for advice
Explaining the difference between public and private information
Explaining the distinctions between public and private information
Outlining the consequences of sharing private information publicly
Explaining the concept of implied consent, and when it is applicable
Defining implied consent
Explaining the circumstances in which implied consent applies
Examining the legal implications of disclosing personal information
Examining the laws and regulations governing the disclosure of personal information
Exploring the potential penalties for violating these laws and regulations
Outlining the consequences for breaching confidentiality agreements
Explaining the potential legal consequences of breaching a confidentiality agreement
Explaining the potential financial consequences of breaching a confidentiality agreement
Explaining the challenges associated with obtaining consent in certain circumstances
Explaining the implications of obtaining consent in certain contexts (e.g. medical, financial, etc.)
Explaining the potential challenges associated with obtaining consent in certain contexts (e.g. online, remote, etc.)
Exploring the legal implications of sharing protected information with third parties
Researching applicable laws and regulations
Examining the potential penalties for violating these laws and regulations
Explaining when it is acceptable to disclose confidential information without consent
Explaining the circumstances in which it is permissible to disclose confidential information without consent
Exploring the potential consequences of disclosing confidential information without consent
Examining the implications of using social media to share confidential information
Exploring the potential risks associated with using social media to share confidential information
Explaining the potential consequences of using social media to share confidential information
Outlining the laws and regulations pertaining to data protection
Researching applicable laws and regulations
Explaining the implications of violating these laws and regulations

Get started

Identifying the legal requirements for disclosing confidential or sensitive information

Understand the context of the confidential or sensitive information you are considering for disclosure
Identify the laws and regulations that apply to the confidential or sensitive information you are considering for disclosure
Identify any other restrictions or requirements that may apply to the disclosure of the confidential or sensitive information
Research the applicable laws, regulations, and requirements and the potential consequences of violating them

When you can check this off your list and move on to the next step:

When you have a list of applicable laws, regulations, and requirements and understand the potential consequences of violating them.

Researching applicable laws and regulations

Make sure to read relevant federal, state and local laws that apply to the situation
Look up relevant industry regulations that apply to the situation
Research any applicable professional codes of ethics
Review any internal policies on disclosure of confidential or sensitive information
Check if there’s a court order or legal ruling that applies
When you’ve reviewed all applicable laws and regulations, you can move on to the next step of consulting legal counsel for advice.

Consulting legal counsel for advice

Seek out and consult a qualified legal counsel who is knowledgeable and experienced in the applicable laws and regulations
Ask questions related to your specific situation, such as what information you can legally disclose and when
Seek out advice on any potential liabilities or risks associated with disclosing the information
Ask for an opinion on any potential implications of the disclosure
When you feel confident that you have a clear understanding of the legal implications of disclosing the information, you can move on to the next step.

Explaining the difference between public and private information

Understand the legal definitions of public and private information, and the distinctions between the two.
Research the legal implications of disclosing or publishing private information.
Make sure you understand the differences between public and private information in terms of how it can be used and shared.
Know when to seek legal advice, and when it is okay to disclose the information.
Understand any potential legal penalties for disclosing private information and how to avoid them.

When you can check this off your list:

When you are confident you understand the difference between public and private information, and the legal implications of disclosing either.

Explaining the distinctions between public and private information

Understand the distinction between public and private information
Investigate what information is considered public and what is considered private
Learn about the legal implications of sharing private information publicly
Understand the differences between public and private information in terms of how it is used, distributed, and accessed
Research the laws that govern the sharing of public and private information

Once you can explain the distinctions between public and private information and understand the legal implications of sharing private information publicly, you can move on to the next step.

Outlining the consequences of sharing private information publicly

Research the applicable federal and state laws regarding the disclosure of private information
Consider the potential consequences of sharing private information publicly, such as legal action, fines, and public criticism
Outline the potential consequences of sharing private information publicly, including any applicable laws that could be violated
Understand the implications of sharing private information publicly, such as breach of trust, reputation damage, and lost business
Document and record any conversations with the person whose private information is being shared and ensure that it is done with their explicit consent

When you have completed researching and outlining the consequences of sharing private information publicly, you can check this off your list and move onto the next step.

Explaining the concept of implied consent, and when it is applicable

Understand what implied consent is: it is a legal agreement where permission is implied based on the circumstances.
Identify when implied consent applies: when someone agrees to something without explicitly saying yes or no.
Identify the types of implied consent: written consent, verbal consent, and implied consent.
Understand the implications of implied consent: it is important to make sure that everyone involved in a situation understands the implications.
Be aware of the legal implications: implied consent is legally binding and can have serious implications if the terms are not followed.
Understand the risks involved: implied consent is not always clear, so it is important to make sure that everyone involved understands the risks involved.
Know when to seek legal advice: if you are unsure about the implications of implied consent, it is important to seek legal advice.

Once you have gone through each of these points, you can check this step off your list and move on to the next step.

Defining implied consent

Understand what is implied consent and when it applies
Research relevant laws and regulations regarding disclosure of confidential information
Recognize the importance of implied consent in terms of disclosure of confidential information
Determine when implied consent applies in a particular situation
Understand the implications of implied consent on the disclosure of confidential information
Check that you have understood the concept and circumstances of implied consent when it comes to disclosure of confidential information

Once you have completed this step, you will have a better understanding of the concept of implied consent and the circumstances in which it applies to disclosure of confidential information.

Explaining the circumstances in which implied consent applies

Understand the definition of implied consent
Learn the legal requirements for implied consent
Research case law and precedence for implied consent
Review the circumstances in which implied consent may apply, such as when a person voluntarily discloses their personal information
Ask yourself how much of the information the person voluntarily shared was necessary for the purpose for which it was shared
Analyze the context and situation in which the information was shared
Determine if the person had reasonable expectations that the information would be kept confidential
Consider if the person had a reasonable expectation of privacy
When you have a clear understanding of the context and situation in which the information was shared and the expectations of the person sharing the information, you can determine if implied consent applies
If you have determined that implied consent applies, you can legally disclose the information

Examining the legal implications of disclosing personal information

Determine the applicable laws and regulations related to the disclosure of personal information.
Research potential legal consequences or liabilities of disclosure.
Identify any other legal considerations related to disclosure.
Evaluate the legal implications of disclosing personal information.
Consider any other legal implications that may arise from disclosure.

Once you have evaluated the legal implications of disclosing personal information, you can check this off your list and move on to the next step.

Examining the laws and regulations governing the disclosure of personal information

Research the applicable laws and regulations that apply to disclosing personal information
Identify the type of information that must remain confidential
Analyze any restrictions or limitations on when and how personal information can be disclosed
Determine any exceptions to these restrictions or limitations
When you have a clear understanding of the applicable laws and regulations, you can check this off your list and move on to the next step.

Exploring the potential penalties for violating these laws and regulations

Research potential civil and criminal penalties for violating laws and regulations related to the disclosure of personal information
Understand the actual cost of the fines and jail time associated with the various offenses
Learn about any other forms of punishment that could result from disclosure of confidential information
Compile and organize all the relevant information into one easy-to-read report
When you have a clear understanding of the possible consequences for breaking the law, you can move on to the next step.

Outlining the consequences for breaching confidentiality agreements

Determine if the information you are considering disclosing is protected by a confidentiality agreement or other relevant laws or regulations.
If the information is protected, research the potential consequences of breaching the agreement or laws.
Consult with a lawyer or legal advisor if you have any questions or concerns about potential legal ramifications.
Make sure you understand the consequences so you can make an informed decision about whether or not to disclose the information.

Once you’ve done the research and consulted with a lawyer, you will have outlined the consequences for breaching confidentiality agreements and can move on to the next step.

Explaining the potential legal consequences of breaching a confidentiality agreement

Identify the relevant laws that could apply in the event of a breach of confidentiality agreement
Explain the potential consequences for breaking the law, including fines, imprisonment, and other legal penalties
Describe the legal obligations of the person who has breached the confidentiality agreement
Make sure to emphasize the importance of complying with the law and the agreement

Once you’ve outlined the potential legal consequences of breaching a confidentiality agreement, you can check it off your list and move on to the next step.

Explaining the potential financial consequences of breaching a confidentiality agreement

Explain that breaching a confidentiality agreement can lead to financial penalties, such as paying fines, costs, and damages
Explain that a court can order a person in breach of a confidentiality agreement to pay compensation for any losses that have been caused by the breach
Explain that a person in breach of a confidentiality agreement may also be responsible for any legal fees incurred by the other party
Explain that a person in breach of a confidentiality agreement may also be required to pay for any profits made from using confidential information

When you have completed this step, you should understand the potential financial consequences of breaching a confidentiality agreement.

Explaining the challenges associated with obtaining consent in certain circumstances

Identify the circumstances in which obtaining consent may be difficult.
Explain the implications of not being able to obtain consent in these circumstances.
Consider potential legal issues that may arise from not obtaining consent in these circumstances.
Outline any potential risks or consequences that may arise from not obtaining consent in these circumstances.

Once you have identified the circumstances in which obtaining consent may be difficult, explained the implications of not being able to obtain consent, considered the legal issues that may arise, and outlined the potential risks or consequences that may arise, you can check this off your list and move on to the next step.

Explaining the implications of obtaining consent in certain contexts (e.g. medical, financial, etc.)

Research the laws and regulations that govern the disclosure of information in the context of medical, financial, or other legal matters.
Understand the implications of obtaining consent to share confidential information in a medical, financial, or other legal context.
Consider the potential risk of disclosing confidential information without explicit consent.
Consider the potential legal implications of obtaining consent in certain contexts.
Make sure to understand the potential consequences for both parties involved in the transaction.

Once you have done the research and considered the implications of obtaining consent in certain contexts, you can check this step off your list and move on to the next step.

Explaining the potential challenges associated with obtaining consent in certain contexts (e.g. online, remote, etc.)

Understand the context of the information being shared: think about whether the context is online or remote, and if the person giving consent may not be able to be physically present.
Consider how the consent form is being presented: is it clear and easy to understand? Does it explain what the person giving consent is agreeing to?
Consider how privacy and security is handled: is the information being shared securely and are measures in place to protect it?
Understand the legal implications of collecting and storing the data: does the person giving consent understand the risks associated with sharing the information?
Understand the impact of the data being shared: think about how the data may be used, who will have access to it, and the potential consequences of sharing it.

You will know when you can check this step off your list when you have a thorough understanding of the potential challenges associated with obtaining consent in certain contexts (e.g. online, remote, etc.) and have considered all of the above points.

Exploring the legal implications of sharing protected information with third parties

Read up on general data privacy laws, such as the GDPR, HIPAA, and the CCPA
Review any contracts, policies, or other legal documents related to the disclosure of protected information
Understand the potential implications of sharing protected information with third parties, such as potential liability, penalties, and risks to user privacy
Research any applicable state or federal laws that may impact protected information disclosure
Consult with a lawyer or other legal expert to ensure compliance with all applicable laws

Once you have thoroughly explored the legal implications of sharing protected information with third parties and are confident that you understand the relevant legal considerations, you can move on to researching applicable laws and regulations for your situation.

Researching applicable laws and regulations

Search for relevant laws and regulations in your state or country
Look up relevant court cases that could impact your situation
Read through and analyze any relevant statutes and regulations
Make a list of the laws and regulations that you need to follow
Make sure to check any changes to the laws and regulations that have been made since you last looked them up
When you feel you have a comprehensive understanding of the relevant laws and regulations, you can check this step off your list and move on to examining the potential penalties for violating these laws and regulations.

Examining the potential penalties for violating these laws and regulations

Familiarize yourself with the potential penalties for any violations of laws and regulations related to information disclosure.
Check the laws and regulations of your particular state or country to understand any specific penalties.
Read through the specific language of any laws and regulations that may apply to you so you can understand the full scope of the penalties for any violations.
Make a list of any potential penalties you may face if you violate any of the laws and regulations related to information disclosure.
When you have a full understanding of the potential penalties for violating any applicable laws and regulations related to information disclosure, you can check this off your list and move on to the next step.

Explaining when it is acceptable to disclose confidential information without consent

Identify the relevant laws or regulations that govern the disclosure of confidential information in your jurisdiction.
Research and understand the rules and procedures that govern disclosure of confidential information.
Understand the potential penalties for violating these laws and regulations.
Identify exceptions to the general rule that confidential information cannot be disclosed without consent.
Determine the circumstances in which it is permissible to disclose confidential information without consent.
Document your findings and conclusions.

Once you have identified the relevant laws and regulations, researched and understood the rules and procedures that govern disclosure of confidential information, and identified the circumstances in which it is permissible to disclose confidential information without consent, you have completed this step and can move on to the next step.

Explaining the circumstances in which it is permissible to disclose confidential information without consent

Determine if there is a legal obligation to disclose confidential information without consent, such as when there is a requirement to comply with the law, court order, or regulatory authority
Establish if there is an overriding legitimate interest in disclosing confidential information without consent, such as when it is necessary to protect the rights, property or safety of another individual or the public
Ascertain if there is a legal basis for disclosing confidential information without consent, such as when it is necessary for the performance of a contract or to provide a service
Determine if there is an exception to the prohibition on disclosing confidential information without consent, such as when the disclosure is authorized under a recognized exception to the general rule

Once you have determined the circumstances in which it is permissible to disclose confidential information without consent, you can check this step off your list and move on to exploring the potential consequences of disclosing confidential information without consent.

Exploring the potential consequences of disclosing confidential information without consent

Research potential legal and ethical implications of disclosing confidential information without consent
Research potential legal ramifications of disclosing confidential information without consent
Research potential disciplinary or other consequences of disclosing confidential information without consent
Research potential impact on future relationships with those affected by disclosure of confidential information without consent
When you have a thorough understanding of the potential consequences of disclosing confidential information without consent, you can check this off your list and move on to the next step.

Examining the implications of using social media to share confidential information

Review applicable state and federal laws to determine if the information to be shared is subject to any restrictions
Consider the potential implications of sharing the information on social media, such as harm to reputation or violation of privacy
Analyze the potential public reaction to the disclosure of the confidential information
Research the potential legal consequences of sharing the confidential information without consent
Determine the impact that the disclosure may have on other parties, such as clients, or other individuals involved
Consider the potential risks to the organization or individual, including the potential for fines or legal action

Once you have completed the above steps, you can move on to the next step in the guide: Exploring the potential risks associated with using social media to share confidential information.

Exploring the potential risks associated with using social media to share confidential information

Review any company policies or regulations that may apply to the situation
Identify the type of information that is being shared and the level of confidentiality required
Analyze the implications of making this information public to a larger audience, including the potential for data breaches, misuse, or other malicious activity
Investigate the possible legal, financial, and reputational risks associated with sharing the confidential information
Consider the potential risks to the company, its employees, customers, or partners
Determine the potential benefits of using this information, including how it could help the business

How you’ll know when you can check this off your list and move on to the next step:
Once you have fully explored the potential risks associated with using social media to share confidential information, you will be ready to move on to the next step of the guide.

Explaining the potential consequences of using social media to share confidential information

Understand the risks associated with using social media to share confidential information.
Describe the consequences of breaking the law by disclosing confidential information.
Explain the potential legal ramifications for sharing confidential information without consent.
Discuss the potential security issues that could arise from sharing confidential information on social media.
Highlight the importance of abiding by the laws and regulations pertaining to data protection.
Know when it is safe to share confidential information on social media.

When you can check this off your list and move on to the next step:

When you have a clear understanding of the potential consequences of using social media to share confidential information.

Outlining the laws and regulations pertaining to data protection

Research applicable state, federal and international laws and regulations on data protection
Familiarize yourself with the regulations of the region, country or state in which you are operating
Understand the different rules and regulations regarding data sharing in various countries
Identify any restrictions on the sharing of data between organizations or countries
Make sure you are aware of any penalties that may be imposed upon you for breaching the data protection laws
Look out for any new laws that may have been passed recently
Once you have familiarized yourself with the laws and regulations, you can check this step off your list and move on to the next step.

Researching applicable laws and regulations

Consult relevant federal and state laws and regulations
Investigate any industry-specific standards or codes of conduct
Research applicable court decisions that could impact your ability to disclose information
Take note of any special rules that may apply based on the type of information you are handling
Once you have gathered the applicable laws and regulations, you can check this step off your list and move on to the next step: Explaining the implications of violating these laws and regulations.

Explaining the implications of violating these laws and regulations

Understand the potential consequences of violating the laws and regulations related to disclosure of information
Research the specific consequences for violating the laws and regulations in your jurisdiction
Identify potential fines, criminal penalties, and other consequences for violating the laws and regulations
Inform all personnel involved in disclosure decisions of the potential consequences
Create a system to review potential disclosure requests to ensure compliance with applicable laws and regulations
How you’ll know when you can check this off your list and move on to the next step: once you have researched and identified the potential consequences of violating applicable laws and regulations related to disclosing information, and have taken steps to ensure personnel are aware of the potential consequences, you can move on to the next step.

FAQ

Q: What is the difference between disclosing confidential information in the UK and the US?

Asked by Matthew on May 15th 2022.
A: The main difference between disclosing confidential information in the UK and the US is that in the UK, disclosure of confidential information is generally regulated by the Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation (GDPR), as well as common law. In the US, however, disclosure of confidential information is governed by a variety of state and federal statutes and regulations, as well as case law.

In the UK, a person is only allowed to disclose confidential information if it is for a legitimate purpose (e.g. for a contract or to protect their business interests). In contrast, in the US, a person may disclose confidential information without any restrictions if it falls within certain exemptions, such as for public safety or national security purposes.

Q: How does GDPR affect disclosure of confidential information?

Asked by Kayla on June 3rd 2022.
A: Under GDPR, organisations must ensure that any personal data they process and disclose is done so in a lawful manner. This means that organisations must ensure that they have a lawful basis for processing and disclosing personal data, such as the explicit consent of the data subject or another lawful basis under article 6 GDPR.

Organisations must also ensure that they have appropriate security measures in place to protect any personal data they process or disclose. This includes having adequate policies and procedures in place to ensure that personal data is only disclosed when necessary and with appropriate safeguards in place.

Q: Is there any specific industry or sector where disclosure of confidential information is more strictly regulated?

Asked by Joseph on June 12th 2022.
A: Yes, certain industries such as healthcare or finance are subject to additional regulations which restrict how confidential information can be disclosed. For example, in healthcare, HIPAA (the Health Insurance Portability and Accountability Act) restricts how health data can be shared, while in finance, specific laws such as Sarbanes-Oxley (SOX) regulate how financial data can be disclosed.

Organisations operating within these industries must ensure that they comply with all relevant regulations when disclosing confidential information to third parties or other stakeholders. This includes adopting appropriate safeguards such as encryption or pseudonymisation to protect any sensitive data which is shared.

Q: Does my business need permission from the individual prior to disclosing their personal data?

Asked by Ashley on July 5th 2022.
A: Yes, if your business needs to process or disclose an individual’s personal data, it must ensure that it has obtained the individual’s explicit consent beforehand. This consent must be given freely and willingly by the individual, and should include details about what specific data will be processed or disclosed and for what purpose it will be used for.

Your business should also keep records of all consents obtained from individuals so that it can demonstrate compliance with GDPR and other relevant regulations if required. Furthermore, individuals should also be informed about their rights under GDPR (such as their right to access their personal data) prior to giving their consent.

Q: Is there any difference between disclosing confidential information within Europe and outside Europe?

Asked by Joshua on August 13th 2022.
A: In general, when disclosing confidential information within Europe you must comply with both GDPR (if processing personal data) and applicable national laws governing disclosure of confidential information. However, when disclosing confidential information outside Europe you also need to comply with any applicable international laws and regulations governing how this data can be transferred or shared (such as US-EU Privacy Shield).

Organisations should also consider any contractual obligations they may have when transferring or sharing confidential data outside Europe (such as contractual clauses approved by European regulators). Furthermore, organisations should ensure that they have appropriate security measures in place to protect any personal data which is shared outside Europe (such as encryption).

Example dispute

Suing for Breach of Disclosure Agreement

Plaintiff must prove that a disclosure agreement exists and that it has been breached.
Plaintiff must identify which information was disclosed.
Plaintiff must show that the disclosed information was confidential and that they suffered damages as a result of the breach.
Plaintiff must prove that the defendant had a duty to keep the disclosed information confidential, and that the defendant failed to fulfill this duty.
Plaintiff must be able to demonstrate that the damages they suffered were directly caused by the defendant’s breach of the disclosure agreement.
Plaintiff must prove that the damages they suffered were not caused by any other factor.
If the plaintiff is able to prove all of the above, they may be able to win the case and receive damages. The amount of damages awarded will depend on the amount of harm caused by the defendant’s breach.

Templates available (free to use)

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Introduction

Definitions

Contents

Get started

Identifying the legal requirements for disclosing confidential or sensitive information

Researching applicable laws and regulations

Consulting legal counsel for advice

Explaining the difference between public and private information

Explaining the distinctions between public and private information

Outlining the consequences of sharing private information publicly

Explaining the concept of implied consent, and when it is applicable

Defining implied consent

Explaining the circumstances in which implied consent applies

Examining the legal implications of disclosing personal information

Examining the laws and regulations governing the disclosure of personal information

Exploring the potential penalties for violating these laws and regulations

Outlining the consequences for breaching confidentiality agreements

Explaining the potential legal consequences of breaching a confidentiality agreement

Explaining the potential financial consequences of breaching a confidentiality agreement

Explaining the challenges associated with obtaining consent in certain circumstances

Explaining the implications of obtaining consent in certain contexts (e.g. medical, financial, etc.)

Explaining the potential challenges associated with obtaining consent in certain contexts (e.g. online, remote, etc.)

Exploring the legal implications of sharing protected information with third parties

Researching applicable laws and regulations

Examining the potential penalties for violating these laws and regulations

Explaining when it is acceptable to disclose confidential information without consent

Explaining the circumstances in which it is permissible to disclose confidential information without consent

Exploring the potential consequences of disclosing confidential information without consent

Examining the implications of using social media to share confidential information

Exploring the potential risks associated with using social media to share confidential information

Explaining the potential consequences of using social media to share confidential information

Outlining the laws and regulations pertaining to data protection

Researching applicable laws and regulations

Explaining the implications of violating these laws and regulations

FAQ

Q: What is the difference between disclosing confidential information in the UK and the US?

Q: How does GDPR affect disclosure of confidential information?

Q: Is there any specific industry or sector where disclosure of confidential information is more strictly regulated?

Q: Does my business need permission from the individual prior to disclosing their personal data?

Q: Is there any difference between disclosing confidential information within Europe and outside Europe?

Example dispute

Suing for Breach of Disclosure Agreement

Templates available (free to use)

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