The Scope Of The Duty Of Confidentiality At The Workplace

• Published date: 07 August 2023
• Subject Matter: Employment and HR, Intellectual Property, Contract of Employment, Employee Rights/ Labour Relations, Trade Secrets
• Law Firm: The Trusted Advisors
• Author: Oluwafemi Faniyi

The saying "Information is Power" has practically found its way into the general sphere of human endeavors; particularly the employment sector. Information in the employment sector would refer to trade secrets, clientele, business models and strategies, and client information among a host of others which are usually sensitive information and priced secrets. Most of this information is usually an edging factor against competitors and a leak or release of such information to non-members of the organization could occasion a bad reputation for the organization. In today's modern workplace, where information is a valuable asset, maintaining confidentiality is of utmost importance. The duty of confidentiality is a legal and ethical obligation that employees have to protect sensitive information entrusted to them by their employers, clients, or colleagues.

This article explores the scope of the duty of confidentiality at the workplace, including its legal framework, key considerations, and potential challenges.

EMPLOYER-EMPLOYEE RELATIONSHIP; RIGHTS AND OBLIGATIONS

Employment relationships oftentimes involve the exchange of sensitive information and disclosure of company trade secrets and facts important to the business interests. It, therefore, becomes imperative to achieve a balance of employer and employee interests and due protection of pertinent disclosures.

Employers, on the one hand, expose members of their staff to valuable trade secrets and information upon employment and expect that such information, during, and after the course of employment, be treated and preserved with utmost sanctity. This information may be revealed through several means including but not limited to conversations with one's spouse, casual talks with colleagues, sessions with one's lawyer upon a perception of a wrongful and illegal dismissal¹

Employees, on the other hand, may not fully appreciate the nature of the information in their possession, nor the extent of secrecy expected by the employers regarding such information that they have been made privy to in the course of their employment. Some of the employees make use of such information by divulging them to competitors against the organizations, thereby exposing their employers to huge reputational or financial losses.

The duty of confidentiality imposed is double-fold. It is expected that the employer maintains a confidential nature of the information about the employee as may have been obtained in the course of the...