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Breach of Confidentiality Law

For many business oriented people, many legal questions that arise pertain to breach of confidentiality. These can range from; what is the breach of confidentiality definition, what is breach of confidentiality in the workplace, and other types of breach of confidentiality law questions. When a person is faced with situations like these, they can turn to Experts for insights or solutions. Listed below are five for the top breach of confidentiality questions that have been answered by the Experts

What is a breach of confidentiality?

A request for breach of confidence usually involves data to be of a private nature, where it was conversed in confidence, and is revealed to the disadvantage of the applicant.

On a Breach of Confidentiality is the employer required by law to give an explanation as to whether or not there was a breach or do they only have to say ''Yes'' or ''No'' with no further explanation?

In most situations, the company does not need to announce anything regarding worker related issues except, called to by a subpoena and in vow in a declaration.

Legally can an employer send an employment contract without the party’s permission? Is this a breach of confidentiality?

It is legal for an employer to send an employment contract, when there is a non compete/non-solicitation/confidentiality contract that is authorized by the worker’ former company. They have the legal right to defend their legal concerns by notifying the present companies of what contractual obligations are in place. If during the course of employment, the employer places the employee in situations where contractual obligations may be breached, then the court may impose that employer may not continue to use the employee in that position. Also the current employer may also face litigation by the former employer for interfering with the employment contract. Therefore it is a legal and normal procedure, and would not need consent to uphold their rights.

If someone were fired for breach of confidentiality related to stumbling across unprotected files, would they have a case?

In most situations, you may have a case to get unemployment if in fact that you did not open the documents on purpose to violate any confidentiality even if you had read the handbook. But as far as wrongful termination, you only have a case if you were fired based on discrimination for your age, sex, race, religion or nationality

Was confidently broken if an employer spoke about an employee’s Family Medical Leave Act (FMLA) with that employee in front of another employee, and if so should the Department of Labor enforce FMLA?

FMLA is one statute that the U.S. Department of Labor is in charge of imposing. All documents and records pertaining to medical informa
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Recent Breach of Confidentiality Questions

  • I have just received notification from a large hospital corporation

    I have just received notification from a large hospital corporation that they gave my medical and personal information to a outside auditing company. An employee of this company downloaded two spread sheets of my information to a laptop computer that was stolen. This occurred in April 2014. I got the notification today, July 10, 2014. The letter also states that their employees have been retrained and encouraged to follow company policies. This leads to wonder if there was a violation of company policy with respect to downloading protected patient information to portable electronic and taking them away from work areas. The letter owns that there was a breach of confidentiality. Is this a violation of HIPPA? Should I pursue this out of fear of possible identity theft or other issues that could arise? Is one party or the other liable?
  • I am not sure what category this falls into sex, age or retaliation.

    I am not sure what category this falls into sex, age or retaliation. I am a 42 year old male. I have worked at TMobile for seven going on eight years. We are a pay for performance company. I have helped run successful teams as a Senior( team lead) in conjunction with a coach. I have never scored below satisfactory in my evaluations. We have realignments every 6 months. We are ranked according to the teams that we run and the assessments of senior managers and coaches. I have had younger peers who have gone to the director and had their ranking moved up outside of established process. I had a senior manager tell me to drop my complaints. This was a difference of picking first over second. I recently applied to Coach and during the interview one of the managers asking the questions ask me a question that I was promised that would remain confidential. A situation where a representative in HR words "twisted my transgender status in order keep her job." I was put out of good standing because of the situation. I decided to continue and accept the job but subsequent issue cropped up and I decided that I no longer wanted to hold that position. In the past Coaches have been allowed to change back. It was realignment once more and I sent an email over the issue that I was experiencing a day before the realignment was to occur. The meeting was delayed and split into the breach of confidentiality (administered by the same people who assured me of confidentiality in the first place.) and the Director who proceeded to say that I needed to suck up my complaints. I was able to secure an agreement stating that I could go back to being a Senior (team lead.) I asked two question of the Director one was did he consider freezing the process of realignment knowing that I might return? He said it was discussed but everyone was excited about the process and had worked hard for realignment. The second question I asked was would you let me have my rank as I was the number one Senior in the building at the time. He said I could take what was available (which were midnight shifts at the time.) or my current Coach role. Choosing the lesser of too evils. I chose Coach. Subsequently there was a position for a Business Analyst position opened up that I had interned to groom the new Analyst. I was told that I could not apply because of tenure in my current position. A position that required one year in current position in order to apply. Then the requirement were lowered to 6 months in order to accomodate another younger person. There are other positions that have come open and the requirements are being waived for each person. They are all younger that 40 years old. Do I have a case? I have file a complaint with TMobile's integrity line on 5/12/2014 However I have not received any response.
  • I sent emails I received in my email home to my personal email.

    I sent emails I received in my email home to my personal email. Is that a breach of confidentiality. There was nothing of significance in any emails sent, and none were disclosed to anyone. I send information that I write to someone about issues and their responses to my personal email.
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