- In professional engagements I am sure that many a time we have dealt with issues of confidentiality. The areas are broad… from confidentiality duties stemming from custodianship, corporate transactions, contracts of employment, etc.
I have been motivated to share this piece because I think that confidentiality is very easy to erode but the effects of such erosion may be at times be ghastly.
I think of the instrumention of confidentiality in the same way I think of the human body’s bones and nerves. The nerves of the body are comprised of soft that can easily be damaged but are so critical that without them, the body cannot perform the function that bones are meant to perform, like movement.
It’s quite like confidentiality…it preserves information and things in a certain way that protects the corporate from adverse effects. For example, loss of competitive edge or intellectual proprietary rights. Imagine trade secrets being shared with no regard for restrictions associated with confidentiality!
The risks associated with a weak confidentiality framework have necessitated the advent of confidentiality covenants in contracts and other relationships that entail rights, obligations,restrictions and penalties (such as damages and injunctive relief as compensation for breach).
Confidentiality is as delicate as nerves are to a human body as it can be breached by a simple stroke of a pen or press of a key on your device. When in proper effect , it acts as an instrument of armour for an organization, protecting it from the adverse effects of unauthorized disclosure.
This is a reminder for us to take stock of the confidentiality framework in our organizations.
Is it armour that offers adequate protection? Have we covered our bases as much as we possibly can? Is it our culture?
