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Taking a liberty ???

  • 28-05-2017 12:34pm
    #1
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭


    Just reading a letter here somebody sent somebody. I would be inclined to tell them to go to hell, I do not agree or accept it, but am interested in your opinions.

    "You are required to treat the information contained in the attached papers confidentially and not to further disclose it"

    In a matter where someone sent something to you. That you never asked for it or went looking for it, and do not even want it, is it not a taking a liberty saying I cannot tell anybody about it?


Comments

  • #2
    brian_t
    Registered Users, Registered Users 2 Posts: 6,788 ✭✭✭brian_t


    ScouseMouse wrote: »
    Just reading a letter here somebody sent somebody. I would be inclined to tell them to go to hell, I do not agree or accept it, but am interested in your opinions.

    "You are required to treat the information contained in the attached papers confidentially and not to further disclose it"

    In a matter where someone sent something to you. That you never asked for it or went looking for it, and do not even want it, is it not a taking a liberty saying I cannot tell anybody about it?

    What confidential information did the letter contain ?


  • #3
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    brian_t wrote: »
    What confidential information did the letter contain ?

    It's a general question. I came across this a few years ago when a large hospital in the tallaght area unfairly dismissed somebody and they paid out 5 figures at the rights comissioner, and then again this week from PIAB.

    I don't see any confidential information at all. Just such and such a person is claiming for severe whiplash in a 10 mile per hour, stop start bump, while queueing at a right turn junction (which was captured on dashcam)

    Trying to enforce secrecy like that could assist scams and encourage wrong doing as it would suppress ridicule.

    How can any documentation with a clause like this be enforced?


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I you are being sued due to a personal injury to someone, a few things come to mind.

    1. Talk to a solicitor and / or your insurer.
    2. The documents may contain medical information about the person suing you. You can't share that willy-nilly.


  • #5
    brian_t
    Registered Users, Registered Users 2 Posts: 6,788 ✭✭✭brian_t


    Victor wrote: »
    2. The documents may contain medical information about the person suing you. You can't share that willy-nilly.

    Surely that's what the sender of the letter has just done.


  • #6
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Victor wrote: »
    I you are being sued due to a personal injury to someone, a few things come to mind.

    1. Talk to a solicitor and / or your insurer.
    2. The documents may contain medical information about the person suing you. You can't share that willy-nilly.
    Of course that is correct
    brian_t wrote: »
    Surely that's what the sender of the letter has just done.
    Only to say severe whiplash.

    However, it's not legal advice I am interested in. It's the principle of sending a letter to someone - anyone , and demanding secrecy.


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    brian_t wrote: »
    Surely that's what the sender of the letter has just done.
    No, they have only shared it on a need to know basis.


  • #8
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    It does depend on the context, and on the relationship between the person sending the letter and the person receiving it. I can't stop you in the street, tell you that I have just murdered my wife, and then impose an obligation of confidentiality on you with respect to that information. But where there's an existing commercial or legal relationship between us (and this covers the case where we're parties to a lawsuit, or I have a claim against you that may turn into a lawsuit) it's perfectly reasonable to disclose information on the basis, basically, that this is being disclosed to you in order to move forward the business/dispute/whatever between it, you can use it for that purpose only, and you're to treat is as confidential.


  • #9
    sword1
    Closed Accounts Posts: 1,991 ✭✭✭sword1


    Thought this would be about catherine tate


  • #10
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Peregrinus wrote: »
    It does depend on the context, and on the relationship between the person sending the letter and the person receiving it. I can't stop you in the street, tell you that I have just murdered my wife, and then impose an obligation of confidentiality on you with respect to that information. But where there's an existing commercial or legal relationship between us (and this covers the case where we're parties to a lawsuit, or I have a claim against you that may turn into a lawsuit) it's perfectly reasonable to disclose information on the basis, basically, that this is being disclosed to you in order to move forward the business/dispute/whatever between it, you can use it for that purpose only, and you're to treat is as confidential.

    Whilst Ireland has not caught up yet (to the best of my knowledge anyway), case law in the UK has established that breach of confidence no longer relies on the traditional need for an initial confidential relationship when passing on information, the position now is simply whenever a person receives information (irrespective of how it is received) they know or ought to know is fairly and reasonably to be regarded as confidential then a breach can occur.

    Aside from breach of confidence do we have a form of the fairly new tort of misuse of private information or similar as they do in the UK?


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