Re: Confidential Communications?

Michael L. Scruggs ( (no email) )
Sun, 27 Dec 1998 20:45:06 -0600

You'll never know until you find yourself in a situation where the
disclaimer may prove responsive. Given the fluid nature of
jurisprudence, and speaking from experience, I would always caution one
to err on the conservative side...and avoid those situations, if you
reasonably can.

Gary Blumsohn wrote:
>
> My apologies if this message is considered off-topic for an actuarial list,
> but since it's something I'm sure lots of us see every day, maybe some
> discussion would be enlightening.
>
> A recent note to Casnet from Arlie Proctor ended with the following bit of
> boilerplate:
>
> >
> >This communication is intended solely for the use of the individual to
> >whom or the entity to which it is addressed. It may contain information
> >that is privileged, confidential, and exempt from disclosure under
> >applicable law. If you are neither the intended recipient, nor the
> >employee, nor the agent responsible for delivering the communication to
> >the intended recipient, you are hereby notified that any dissemination,
> >distribution, or copying of this communication is strictly prohibited.
> >If you have received this communication in error, please notify us
> >immediately by telephone or email, delete the communication from any
> >computer or other electronic storage media, and destroy all other copies
> >in your possession.
> >
>
> Notes like these seem to be attached to almost every business fax I receive,
> and I always wonder what legal force they have.
>
> 1) If I receive, unsolicited, a fax or e-mail intended for someone else,
> what possible obligation can I have to keep it confidential? What exactly
> is the "applicable law" referred to in this note?
>
> 2) If I inadvertantly overhear a conversation between 2 actuaries on a bus,
> am I prohibited from disseminating any information gleaned? Does it make
> any difference if the actuaries, realizing that I've overheard them, tell me
> that the information is confidential, and that I may not disseminate it?
>
> Bottom line: Do these statements have any legal force, or are they just a
> bunch of legalese intended to intimidate people into complying?
>
> Gary Blumsohn
> garyb@worldnet.att.net
>
> Visit the CAS Web Site at http://www.casact.org
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-- Michael L. Scruggs    scruggs@scruggs.com    (940)455-7201x101  (voice)Scruggs Consulting                           (940)455-2202      (fax)

This communication is intended solely for the use of the individual to whom or the entity to which it is addressed.  It may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are neither the intended recipient, nor the employee, nor the agent responsible for delivering the communication to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone or email, delete the communication from any computer or other electronic storage media, and destroy all other copies in your possession.



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