{"id":352364,"date":"2023-10-31T15:22:50","date_gmt":"2023-10-31T20:22:50","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-rights\/is-there-a-difference-between-confidentiality-and-privacy.html"},"modified":"2023-10-31T15:22:50","modified_gmt":"2023-10-31T20:22:50","slug":"is-there-a-difference-between-confidentiality-and-privacy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/is-there-a-difference-between-confidentiality-and-privacy.html","title":{"rendered":"Is There a Difference Between Confidentiality and Privacy?"},"content":{"rendered":"\n
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Is There a Difference Between Confidentiality and Privacy?<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Confidentiality and privacy are distinct legal concepts. Confidentiality is crucial in professional relationships, like between lawyers and clients. Privacy involves a reasonable expectation of privacy in various settings. Breaches of both confidentiality or privacy can lead to legal claims.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Although confidentiality and privacy are often used interchangeably, they are legally different.\u00a0Confidentiality\u00a0is an\u00a0ethical duty<\/a>\u00a0that prevents certain people from sharing information with third parties.\u00a0Privacy\u00a0is the right to freedom from intrusion into one’s personal matters or information. Privacy has roots in\u00a0common law\u00a0and the\u00a0Fourth Amendment<\/a>\u00a0to the\u00a0U.S. Constitution.<\/p>\n

Americans expect a certain degree of confidentiality and privacy in their homes, offices, and interactions with attorneys and healthcare workers. If you have been negatively affected by a breach of confidentiality or invasion of privacy, contact an attorney in your area<\/a> for help protecting your rights.<\/p>\n

This article explains the differences between confidentiality and privacy.<\/p>\n

Confidentiality and Attorney-Client Privilege<\/h2>\n

In the legal realm,\u00a0confidentiality\u00a0refers to \u201cthe relation between lawyer and client which guarantees any information shared by the client is treated as private and as such cannot be divulged to third parties without the client’s consent.” This is known as the\u00a0attorney-client privilege<\/a>.<\/p>\n

Attorneys have an ethical duty to keep their clients’ information confidential. This is known as the duty of confidentiality. Laws and ethical rules protect the disclosure of information to your attorney. Thus, whether you are pursuing a\u00a0personal injury<\/a>\u00a0claim or defending against\u00a0criminal charges<\/a>, the information you discuss with your attorney is confidential.<\/p>\n

When a professional holds information \u201cin confidence,” expect it to remain confidential unless you say otherwise. Additionally, expect your attorney to only share the information with authorized individuals. Most\u00a0confidentiality agreements, either written or implied (as with\u00a0attorney-client privilege), remain in effect indefinitely.<\/p>\n

There are many ways an attorney may breach attorney-client privilege. An attorney may breach attorney-client privilege if they do one of the following:<\/p>\n