M2 - Learner Manual
3. Privacy, Confidentiality and Privilege
3.2. Confidentiality v Privacy
“Confidentiality" and "privacy" are often used interchangeably, however:
‘they mean distinctly different things from a legal standpoint. To begin with, confidentiality refers to personal information shared with an attorney, physician, therapist, or other individual that generally cannot be divulged to third parties without the express consent of the client. On the other hand, privacy refers to the freedom from intrusion into one's personal matters, and personal information’[1]
A legal practitioner has an ethical duty to maintain communications and documentation relating to a client’s case confidential unless the practitioner is expressly authorised to disclose the information.