Waiver of Confidentiality Guidelines

Personal information held by organizations is confidential and protected by law.

When a person waives their right to confidentiality, they permit companies and other agencies to see information about them. Signing a waiver of confidentiality is required in certain situations. Confidentiality is also an important element of the Freedom of Information Act.

Confidential Personal Information

Privacy laws protect personal information. In the United States, students and employees may sign a waiver of confidentiality permitting employers or teaching staff to access personal information files held by the university or current employers. Using, or distributing, personal information without a signed waiver of confidentiality is an infringement of rights. Sample waiver of confidentiality forms are widely available on the Internet.

FOIA Exemption 7(D)

Legal guidelines on waiver of confidentiality are published in Exemption 7(D) of the Department of Justice Guide to the Freedom of Information Act (FOIA). Exemption 7(D) protects information given to police or other law enforcement agencies by a confidential source when the information is produced as evidence.

Significance

The evidence may be documents or verbal statements. Congress and the courts recognize the importance of Exemption 7(D) in enabling informants to help investigations without fear of reprisal. According to the guidelines, once confidentiality is granted, the courts are reluctant to grant a waiver, or removal, of confidentiality.

References

• U.S. Department of Justice: Guide to the Freedom of Information Act 2009
• Docstoc.com: Waiver of Confidentiality Sample Form
• Privacy Law in the U.S.