Are subpoenaed documents confidential?

Some documents that fall within the scope of a subpoena may be commercially sensitive and thus confidential. Documents that are subject to legal professional privilege cannot be inspected unless by a further order of the Supreme Court.

Does a subpoena override a non disclosure agreement?

Being served with the subpoena by itself does not relieve you of your non-disclosure obligations. That happens once you are in the witness chair and are being asked questions. You can’t for example meet with the subpoenaing attorney before you are in the witness chair and tell the attorney what you know.

Are confidential documents privileged?

Privilege can apply to both oral and written communications, and to documents in any form whether hard copy or electronic. For a communication or document to be privileged it must be confidential. Confidentiality will not, however, in itself give rise to privilege.

What is the difference between privilege and confidentiality?

Confidentiality can be defined in terms of a counselor’s duty not to disclose information about their client, while privileged communication in a counseling context can be defined in terms of a client’s privilege not to have their counselor disclose information about them in a legal setting such as a court of law.

What is the penalty for unlawful disclosure of confidential information?

Penalties for any act that constitutes a breach of confidentiality or privacy under the act are covered by Section 72, which states that any person conferred with powers under the act who discloses confidential information without authorisation shall be punished by up to two years’ imprisonment, a fine of Rs100,000 or …

When can you breach a confidentiality agreement?

Clearly, an agreement is breached if a party bound does not meet his obligations under its terms – for example, if confidential information is used in a way that is restricted under the agreement. Before you sign an agreement you should make sure that you are fully aware of your obligations.