The Law of Professional - Client Confidentiality

Subjects:
Professional Conduct and Ethics, Tort Law
Contents:
PART I: INTRODUCTION
1. Definitions and Rationales
2. The Social Context
3. The Legal Framework
PART II: RESPONDING TO DISCLOSURE
4. Contract and Tort Solutions to Intentional Disclosure
5. Equity and Copyright Solutions to Intentional Disclosure
6. Dealing with Unintentional Disclosure
7. Suing and Tracing Third Parties
8. Remedies
9. Alternatives to Litigation
PART III: DEFENCES
10. Compelled Disclosure
11. Disclosure in the Public Interest
12. Other lawful Voluntary Disclosure
13. Consent
PART IV: CONFIDENTIALITY AND PRIVILEGE IN THE LITIGATION PROCESS
14. Investigations and Pre-trial Disclosure
15. Trials, Tribunals and Inquiries
16. Grounds for Non-Disclosure
17. Protection of Privacy
PART V: RELATED MATTERS
18. Data Protection and Freedom of Information
19. Disclosure to the Client
20. Duty to Warn Third Parties
21. The Employed Professional and Partnerships

ISBN13: 9780198268505
ISBN: 0198268505
Published: May 2004
Publisher: Oxford University Press
Country of Publication: UK
Binding: Hardback
Price: £155.00

Drawing on many areas of law, including data protection, breach of confidence, the law of evidence, human rights, tort and contract and taking into account relevant soft law and ethical guidance by the professions, the book seeks to provide authoritative answers to two questions:;-What confidential personal information concerning a client may, or must, the professional disclose to 1) the client, and 2) others, including courts, tribunals and inquiries

What can be done, through litigation or other means, if confidential personal client information is disclosed or used for an improper purpose by the professional or some third party.;The black-letter law is supplemented by in-depth coverage of how the legal issues arise, and are dealt with, in practice (both in the UK and in other jurisdictions). Numerous examples are cited from a wide variety of professional contexts ranging from the medical, legal, and financial to the social services and education.

The book will be kept up-to-date through the author's website:-

This work will be an essential reference tool for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information. Its depth of coverage (eg. on the issue of consent to disclosure) will mean that it will also be of application in the field of confidentiality and privacy more generally.