Confidentiality

“ The expectation of a President to the confidentiality of his conversations and correspondence, like the claim of confidentiality of judicial deliberations, for example, has all the values to which we accord deference for the privacy of all citizens and, added to those values, is the necessity for protection of the public interest in candid, objective, and even blunt or harsh opinions in Presidential decisionmaking. ”

“ I agree with the Seventh Circuit Court of Appeals that 'These assurances of confidentiality and protection constitute a pledge of good faith on the part of the Congress, the President and the Department of Commerce.' Federal Trade Comm. ”

“ He's got a confidentiality obligation to the client. The client has not waived that confidentiality for him to get into his communications with the client. He can, however, talk to you as long as you'd like about the work that he did, his communications with Mr. Steele, the work on the dossier. He just can't talk about communications with the client, because they are confidential, and those confidentiality considerations have not been waived. ”

“ We have set out in the Appendix our detailed analysis of the specific statements in appellant's letter which the Board found to be false, together with our reasons for concluding that several of the statements were, contrary to the findings of the Board, substantially correct.
3. It is possible to conceive of some positions in public employment in which the need for confidentiality is so great that even completely correct public statements might furnish a permissible ground for dismissal. ”

“ Nature, Scope and Coverage of Executive Privilege.
(a) Nature and Scope. — The rule of confidentiality based on executive privilege is fundamental to the operation of government and rooted in the separation of powers under the Constitution (Almonte vs. Vasquez, G.R. No. 95367, 23 May 1995) . ”

“ However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises. ”

“ A specified person—
(a) must preserve and aid in preserving the confidentiality of any confidential information; (b) must not disclose confidential information to any other person; and (c) must not suffer or permit any other person to have access to confidential information. (2) Subsection (1) does not apply to the disclosure of confidential information with lawful authority within the meaning of section 126. ”

“ If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
Article 74: Requirements for the decision 1. All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. ”

“ STATEMENT OF CONFIDENTIALITY.—If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— “ (A) what interests confidentiality protects ”

“ The first ground is the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties; the importance of this confidentiality is too plain to require further discussion. Human experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decisionmaking process. [15] Whatever the nature of the privilege of confidentiality of Presidential communications in the exercise of Art. ”

“ Requests for confidential treatment must comply with the requirements of section 0.459, including the standards of specificity mandated by section 0.459 (b) . Accordingly, “blanket” requests for confidentiality of a large set of documents are unacceptable. ”

“ Where the disclosure of an informer's identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause, the privilege must give way. ”

“ The law always scrutinizes transactions between parties in confidential relations, as father and son, guardian and ward, attorney and client, husband and wife, and demands the utmost frankness and fullest disclosure of circumstances, allows no concealments,218 and sets aside all contracts where any advantage is gained by reason of the confidence reposed. It recognizes the influence of superior position, and the right to trust in the party occupying it, and demands the strictest honor on his part. I think my position with my publishers comes within the scope of this principle. ”

“ It is strange doctrine that keeps inviolate the most mundane observations entrusted to the permanence of paper but allows the revelation of thoughts uttered within the sanctity of private quarters, thoughts perhaps too intimate to be set down even in a secret diary, or indeed, utterances about which the common law drew the cloak of privilege-the most confidential revelations between husband and wife, client and lawyer, patient and physician, and penitent and spiritual adviser. ”

“ In reporting on cases of a confidential character, in which it [7] is not desirable that the facts should be made public, mark the word "confidential" both on the report and on the cover in which it is transmitted. ”

“ Private secretaries and other people in more or less confidential positions are many times tempted to give away secret information, not so much for the benefit of the person to whom it is given as to show how much they themselves are trusted. Nearly every one who holds a responsible business position receives items of information which are best not repeated, and if common sense does not teach him what should be kept [Pg 200] private and what should be told, nothing will. It should not be necessary for the superior to preface each of his remarks with, “Now, this must go no further.” ”

“ If you are a lawyer, or a doctor, you are dishonorable if you tell your wife or any other human being any secret of client or patient. Not that she is not to be trusted—for she is. She will carry to her grave any secret that affects you. But the disclosures of client or patient are not your secrets. ”

“ When it is not the agent's duty to communicate such knowledge, when it would be unlawful for him to do so, as, for example, when it has been acquired confidentially as attorney for a former client in a prior transaction, the reason of the rule ceases, and in such a case an agent would not be expected to do that which would involve the betrayal of professional confidence, and his principal ought not to be bound by his agent's secret and confidential information. ”

“ That you know well," I repeated, lowering my voice, "but maybe are not just so keen to hear from at this present being. And the bits of business that I have to propone to you are rather in the nature of being confidential. ”

“ That's something you can't live down. No matter how hard you try, people always stumble upon the truth."
Dad cleared his throat. "You see, when you get a job, all the information you handle will have a classification. It'll be Restricted, Low-Confidential, Confidential, High-Confidential, Secret, Top-Secret. And all this information will be in writing. No matter what you do, you'll have access to some of this information at one time or another."
"B—but why do these things have to be so secret?" Ronnie asked. ”

“ This, my dear Heltzendorff, has shown me that you may with advantage use a woman of whatever age as your catspaw, your secret agent, your bait when angling for important information, or your go-between in secret transactions; but never trust one with knowledge of your own personal affairs. ”

“ Now, gentlemen, when men make these proposals and keep their business secret—as it turns out that in these cases they were keeping their business secret—the fact that they are so doing is not evidence going to show that they are keeping that business secret because they have conspired. Have you not the right to draw the inference, and is it not the law that you must draw the inference, that they kept their business secret for the same reason that all honest men keep their business secret? ”

“ Such a thing as the betrayal of a client's interests, when committed to our professional care, never has occurred, and is not likely to occur. All business and communications intrusted to us are kept secret and confidential. ”

“ There is oftentimes deception, if not absolute lying, in this talker. Why does he receive the secret with the strong promise, “I will tell no one, upon my honour,” if he cannot retain it in his own bosom?
Such persons are not to be trusted twice. As soon as you discover your facts given under covenant of secrecy are blabbed to others, you say, “I shall not trust him again:” and very properly too. Of course he tells as a secret what you tell him as a secret; but if he cannot retain it, how can he expect others? ”

“ It seems equally clear that discovery should not nullify the privilege of confidential communication between attorney and client. But those principles give us no real assistance here because what is being sought is neither evidence nor is it a privileged communication between attorney and client. ”

“ I understood that it was on a professional matter that you wished to speak to me?'
" 'Undoubtedly so. But you will find that all I say is really to the point. I have a professional commission for you, but absolute secrecy is quite essential—absolute secrecy, you understand, and of course we may expect that more from a man who is alone than from one who lives in the bosom of his family.'
" 'If I promise to keep a secret,' said I, 'you may absolutely depend upon my doing so.'
"He looked very hard at me as I spoke, and it seemed to me that I had never seen so suspicious and questioning an eye. ”

“ Canning, and other persons in power, may easily obtain the confidential information necessary to give credit to the work, and communicate it to such as you may think proper to employ in laying it before the public. ”

“ I commit to ethical choices of post-Government employment that do not raise the appearance that I have used my Government service for private gain, including by using confidential information acquired and relationships established for the benefit of future clients. ”

“ There is no reason to believe that only these conspicuous instances illustrate the hazards inherent in taking action affecting the lives of fellow men on the basis of such information. The probabilities are to the contrary. A system of administrative law cannot justify itself on the assumption that the ' confidential information' available to these inquiry officers and the Board of Appeals is impregnable or even likely to be true. ”

“ Its inducement is directed to disclosure of advances in knowledge which will be beneficial to society; it is not a certificate of merit, but an incentive to disclosure. See Hartford Empire Co. v. United States, 323 U.S. 386, 65 S.Ct. ”

“ The personal effects ad possessions of the individual (all contraband and the like excepted) are sacrosanct from prying eyes, from the long arm of the law, from any rummaging by police. Privacy involves the choice of the individual to disclose or to reveal what he believes, what he thinks, what he possesses. ”

“ As nothing is open enough for the quick and easy detection of peculation or fraud, so nothing is open enough for the due vindication and acknowledgment of honesty. The isolation and privacy which shield the one from discovery cheat the other of reward. ”

“ An administrative organ and its staff members shall keep confidential in accordance with law the state secrets, trade secrets or personal privacy which they come to know in the enforcement of an administrative penalty. ”

“ So, again, if a man were proposing marriage, or were entering into confidential relations with a partner in business, or were seeking financial aid from a bank, he would have no right to conceal from the party interested many a fact which he could properly conceal from the public. ”

“ Is it a love of knowledge or of gossip that renders these private concerns so interesting to us, and makes us willing to intrude on the awful seclusion of the dead, or to flatten our noses against the windows of the living? The law is more scrupulous than we in maintaining the inviolability of private letters. Are we to profit by every indiscretion, by every79 breach of confidence? ”

“ Lastly, if one man comes to another, as to a lawyer, or a surgeon, for professional advice, or simply to a friend for moral counsel, and in order thereto imparts to him some of his natural secrets, those secrets, as they are received and held by the person consulted, are called secrets of trust. ”

“ The denunciation against us being secret, and not being able to learn either our crime or our accusers, it is difficult for us to take any measures for our enlargement. We cannot defend ourselves against a charge of which we are ignorant, nor combat the validity of a witness, who is not only allowed to remain secret, but is paid perhaps for his information.* * At this time informers were paid from fifty to an hundred livres for each accusation. ”

“ Matters concerning salaries should always be confidential, and so should personal items such as health reports, character references, and so on, credit reports, blacklists, and other information of a similar nature. ”

“ Subject to the protection of confidential information, the investigating authorities may use any reasonable means to disclose the essential facts, which includes a report summarising the data in the record, a draft or preliminary determination or some combination of those reports or determinations, to provide interested parties an opportunity to respond to the disclosure of essential facts. ”