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Pour lutter contre des messages sanitaires toxiques, la loi nouvelle incrimine la provocation à l'abandon thérapeutique mais aussi un comportement nouveau, la provocation à un traitement dangereux présenté comme salutaire. Elle crée de surcroît un nouveau cas de dérogation au secret professionnel en permettant le signalement des informations relatives à des faits de placement dans un état de sujétion psychologiques. To combat toxic health messages the new law criminalizes provocation to therapeutic abandonment but also a new behavior, the provocation to a dangerous treatment presented as salutary. It also creates a new case of exemption from professional secrecy by allowing the reporting of information relating to placement in a state of psychological subjection. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyze several possibilities for dealing with the Recommendations of the Financial Action Task Force (FATF) applicable to lawyers regarding money laundering and terrorist financing prevention. It identifies, on the one hand, certain tools available to these professionals to prevent said crimes and, on another hand, some challenges that must be faced if effective compliance with these standards is sought in Chile. [ABSTRACT FROM AUTHOR]

Psychiatric secrecy, which is based on Article 50 of the Law of August 19, 1994 on Mental Health Protection, is intended to protect the dignity and privacy of patients and their families. However, it does not have an absolute character and can be limited or abrogated in certain situations, examples of which can be found in case law. Accordingly, the purpose of the article was to analyze the Supreme Court’s rulings on mental health issues and the protection of secrecy related to it. The article is an overview, analyzing the case law of the Supreme Court on the issue of psychiatric secrecy. The results of the analysis show that in the jurisprudence of the Supreme Court, the issue of psychiatric secrecy appears in the context of criminal proceedings, especially in cases related to the work of expert witnesses. The Court emphasizes that this secrecy is not absolute and may be subject to restrictions to protect other constitutional goods, but in proportion between the purpose of the restriction and the scope of the information disclosed. The Court’s rulings also emphasize the autonomy of psychiatric experts and the need to trust their professional competence, noting various aspects related to the evaluation of their work. Based on the analysis of the Supreme Court’s jurisprudence, it can be concluded that psychiatric confidentiality does not have an absolute character and can be limited in certain situations, but always with respect for the patient’s personal rights. The case law further indicates the need to balance this secrecy with other values, such as the welfare of the patient or society. It should also be noted that existing differences in the interpretation of the rules on the appointment of psychiatric experts in the criminal process may affect judicial practice in this area.

The protection of those who act as sources of journalistic information is crucial to safeguard the gatekeeping function that journalism plays in democratic societies. In a digital context that has caused radical changes in journalism both due to the appearance of new channels and the way it is carried out, the European Union is trying to strengthen the regulatory framework of the media and EU initiatives with a view to protecting people who convey information to journalists have been intensified in recent years in order to guarantee the flow of information and tackle the danger of a discouraging effect on the exercise of freedom of information. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi is the property of Ankara Haci Bayram Veli Universitesi Hukuk Fakultesi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper will discuss the challenges to the protection of the confidential nature of lawyer-client communications that arise in the context of using cloud-based services and in cross-border data exchanges, especially regarding the acquisition and exchange of electronic evidence. Lawyers are under a strict obligation to maintain confidentiality of their communications with their clients and the increase in the use of cloud-based services raises new questions on how this obligation can be fulfilled. The paper will also discuss the tension between the need to protect information online and the legitimate public policy objectives such as investigation and prosecution of crime, as well as the need for reconciling various laws that apply to these activities and enforcing relevant safeguards. [ABSTRACT FROM AUTHOR]

The present study aims at providing an overview of the international, European, and national legal frameworks relating to the obligation of intermediaries of financial transactions to report to tax authorities, and the professional secrecy which applies to their professions, as well as the conflict between the two. The authors address these topics from theoretical and jurisprudential perspectives, both at national and European levels, using doctrinaire, documentary, and comparative approaches. The analyses pointed out that the focus is placed on lawyer–intermediaries' activities and liabilities when their activity is covered by confidentiality and legal privilege. Specific attention was revealed to be necessary when the conditions under which an exemption from the reporting obligation applies, and the particularities of the effects of the regulation in these scenarios. The topic of observing the legal framework and solving the possible conflicts generated by the divergent regulation of the law enforced has been the subject matter of recent European case laws that impact all the legal systems of the European Union's member states, which has necessitated an examination of the hierarchy of law systems within the European Union member states and to emphasize the practical jurisprudential effects. [ABSTRACT FROM AUTHOR]

The aim of this paper is to give an adequate answer to the question of the status of information obtained by a psychologist in the course of his/her profession. This answer is closely related to the examination of whether such information constitutes a secret within the meaning of the Code of Criminal Procedure and whether it is a "professional secret", as referred to in Article 180 1 of the Code of Criminal Procedure, or a "medical secret", as referred to in Article 180 2 of the Code of Criminal Procedure. In order to examine these issues, the authors have used the analysis of normative material relating to the issue under examination, primarily the Act of 6 June 1997 - the Code of Criminal Procedure; and the analysis of the views of the doctrine of criminal law. The considerations contained in this paper, which illuminate the issue of professional secrecy of a psychologist, including also, or perhaps above all, its importance and relevance to practising this profession reliably and responsibly, lead to the conclusion that it is necessary to equate professional secrecy of a psychologist with medical secrecy.

Copyright of Studia Iuridica Toruniensia is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article presents the legal framework of attorney-client privilege in Poland, indicating situations when an attorney is entitled or obliged to reveal information covered, in principle, by professional secrecy, as well as the consequences of an attorney's erroneous evaluation in this regard. The author refers to provisions which require legal amendment or functional interpretation in order to guarantee respect for attorney-client privilege in legal proceedings, pointing out also controversial interpretations in court practice of what, in principle, are clear legal provisions relating to attorney duties. Finally, the poor perspective for changes in relevant field and the reasons for this are explained. [ABSTRACT FROM AUTHOR]

The present study aims at providing an overview of the international, European, and national legal frameworks relating to the obligation of intermediaries of financial transactions to report to tax authorities, and the professional secrecy which applies to their professions, as well as the conflict between the two. The authors address these topics from theoretical and jurisprudential perspectives, both at national and European levels, using doctrinaire, documentary, and comparative approaches. The analyses pointed out that the focus is placed on lawyer–intermediaries’ activities and liabilities when their activity is covered by confidentiality and legal privilege. Specific attention was revealed to be necessary when the conditions under which an exemption from the reporting obligation applies, and the particularities of the effects of the regulation in these scenarios. The topic of observing the legal framework and solving the possible conflicts generated by the divergent regulation of the law enforced has been the subject matter of recent European case laws that impact all the legal systems of the European Union’s member states, which has necessitated an examination of the hierarchy of law systems within the European Union member states and to emphasize the practical jurisprudential effects.

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Human Review is the property of Eagora Science and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Eight Ibero-American political constitutions that include professional secrecy (confidentiality) as a constitutional guarantee are analysed, and their influence as a fundamental right in the professional practice of librarians is examined. The impact of professional secrecy is established in professional codes of ethics, and it is shown that they do not clearly express this principle; its application in trade unions has limited effectiveness. The various difficulties involved in preserving professional secrecy in library practice, which work centres try to violate, are shown. [ABSTRACT FROM AUTHOR]

Copyright of Revista ADM is the property of Asociacion Dental Mexicana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Introduction: A 15-year-old patient is taken by his parents to the emergency department of a tertiary care health institution for a severe respiratory problem. In the emergency room, after the clinical examination supported by diagnostic aids, it was decided to admit him for medical treatment due to severe pneumonia of an etiology to be defined. During hospitalization, it is found that the patient suffers from acquired immunodeficiency syndrome (AIDS), which is explained to his parents and the patient. The parents ask the diagnosis not to be revealed to prevent their son from being discriminated against. The patient dies during hospitalization and the information that the parents reveal to their relatives and acquaintances is that the cause of death was leukemia. During a multicenter investigative process designed to evaluate the behavior of the disease in the last ten years, one of the research assistants, taking data from a clinical history, finds that the patient, who was his acquaintance, had died of AIDS and not of leukemia and proceeds to reveal this information in his social environment, which causes great pain and discomfort to the parents, who claim the institution for the violation of the confidential handling of sensitive information of their son. The case is analyzed by the research ethics committee (REC) of the institution and other instances. [ABSTRACT FROM AUTHOR]

Introduction: Medical confidentiality protects the patient's privacy and medical data with criminal consequences in the event of a breach. It continues to exist even after the end of professional practice. Exceptions apply with the patient's consent or official authorisation. This paper describes various reporting obligations, e.g. in the case of exceptional deaths, abortions, communicable diseases and significant injuries caused by dogs. There are also reporting rights, e.g. for children or adults who are at risk. Some reports must be made anonymously, others require full patient details to be provided. Violations of the reporting obligations are punishable by law., Competing Interests: Die Autorin hat keine Interessenkonflikte im Zusammenhang mit diesem Artikel deklariert., (© 2024 Aerzteverlag medinfo AG.)

W artykule przeanalizowano i zbadano relacje pomiędzy wykonywaniem zadań zawodowych przez ratownika medycznego a prawem pacjenta do poufności medycznej. Celem analizy i badań jest szeroko pojęta edukacja osób należących do zawodu ratownik medyczny, a także przybliżenie obowiązków, jakie nakłada na nie prawo polskie. Zastosowano metody badawcze: analiza dokumentów, analiza indywidualnych przypadków, obserwacja i wywiad. Ukazano przykłady sytuacji, w których ratownik medyczny może posiąść informacje intymne o pacjencie. Wymieniono i opisano zdarzenia wyłączenia obowiązku zachowania tajemnicy informacji. Wyszczególniono okoliczności, w których ratownik medyczny informuje osoby trzecie o stanie zdrowia pacjenta bez jego wiedzy, a także z jego wiedzą i wyjaśniono okoliczności konieczności takiego postępowania. Zauważono, iż jest wiele regulacji w stosunku do ratownika medycznego, dotyczących obowiązku zachowania poufności medycznej, jednak są one umieszczone w różnych aktach oraz nie są kompletne. Stwierdzono, iż ratownik medyczny ma bezwzględny obowiązek do zachowania tajemnicy informacji związanych z pacjentem, o których dowiedział się, wykonując czynności zawodowe.

In this research paper, attempts are made to explain the origin of the names of the main professional secrecies. Traditionally, their content is associated with the names of professions of obliged persons or with the implementation of their professional activities, as well as in connection with the performance of their professional duties. Meanwhile, professional activities are conditioned by the fulfillment of their professional duties to protect professional secrecies by individuals who are able to act as individual entrepreneurs, as well as employees who have labor relations with them or with legal entities. Since the implementation of professional activity is limited to a narrow subject structure - individuals, it is necessary to legislatively clarify a single socially useful activity, covering all categories of obligated subjects - both individuals and legal entities. There is a need to reflect the connection of titles with the types of economic activity carried out by obligated persons in the prescribed manner. At the same time, certain provisions of the All-Russian Classification of Types of Economic Activity OK 029-2014 need to be improved, since in it the types of economic activity are combined into unequal groups of classified objects.

Energy companies trading in derivatives which have a value based on an energy product ('energy trading') are subjected to a fragmented regulatory framework. They are supervised by a multitude of authorities on a national and European level. These authorities cooperate horizontally (between EU agencies or between national regulatory authorities – NRAs) or vertically (between EU agencies and NRAs) and in a formal and informal way. They share information on energy trading to detect market abuse. This article aims to provide insight on the effectiveness of supervisory activities within the energy trading landscape. In doing so, the obligation for energy companies to report fundamental data on the derivatives they trade in is used for illustrative purposes and explained in light of the European Market Infrastructure Regulation (EMIR), the Markets in Financial Instruments Directive and Regulation (MiFID II and MiFIR) and the regulation on wholesale energy market integrity and transparency (REMIT). The article finishes with a conclusion which advocates the necessity of information sharing and professional secrecy in the current regulatory landscape and intends to contribute to a discussion on the effectiveness of information sharing within an international context. [ABSTRACT FROM AUTHOR]

The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union - taking into account a few exemplary countries. Its sources were described - both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive - the right to privacy - the article also includes some of its aspects related to confidentiality. [ABSTRACT FROM AUTHOR]

In the Geneva primary school, the treatment of educational difficulties is approached in connection with an intense partnership activity, carried out in the name of a global approach to the pupil and the effectiveness of the pooling of professional know-how. These collaborations imply that the professionals exchange the information they have about the pupil and his family. However, the requirement for transparency is competed by the notion of secrecy, which makes the implementation of the partnership problematic. In this text, we show that all the professions (teachers, speech therapists, school nurses, etc.) involved in these collaborations do not have the same apprehension of information sharing and do not respond to the same rules. We underline that local and situated circumstances, notably related to the question of interpersonal trust, are taken into account in the choice of disclosing elements obtained in other arenas. This article is empirically based on the material of a doctoral research which focused on the implementation of the partnership in 3 schools of the Geneva Priority Education Network (REP). It is based on 73 observations of meetings of professionals and 71 interviews with a representative variety of professionals working in this network.

There is an increasing involvement of lawyers and law firms in public affairs through activities that are aimed at influencing legislative and regulatory developments. Law firms offer services which can be regarded as lobbying, and yet, to the detriment of transparent policy-making, they are reluctant to register in the European Union Transparency Register (EUTR) and provide information about their activities. As growing attention is paid to the need to regulate lobbying at the EU and Member State levels, the question arises as to whether and to what extent such regulatory framework should also cover certain services provided by law firms, that is, legal lobbying. This Article charts the phenomenon of legal lobbying and its regulation in the EU context. It shows how the EUTR attempts to distinguish between legal services and lobbying by defining two lawyer roles: a legal expert, and an advocate. These roles allow the possibility to pinpoint two unresolved issues associated with legal lobbying: the scope of professional secrecy, and the meaning of the legal advice exception. An important conclusion is that regulatory clarification is necessary to resolve ambiguities and broadly address the implications that legal lobbying raises in terms of transparent and legitimate law-making processes. [ABSTRACT FROM AUTHOR]

Durant le confinement lié à la pandémie de Covid-19, un dispositif d'alerte des forces de l'ordre et d'accueil a été mis en place au sein des pharmacies d'officine pour prévenir les situations de violences intrafamiliales. Il est important de préciser le cadre juridique et déontologique permettant au pharmacien d'intervenir, sans risquer des poursuites pénales pour violation du secret professionnel. During the confinement linked to the Covid-19 pandemic, a system for alerting law enforcement services and reception staff has been set up in dispensing pharmacies to prevent situations of intra-family violence. It is important to specify the legal and deontological framework allowing the pharmacist to intervene, without risking criminal proceedings for violation of professional secrecy. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Disclosure of professional secrecy is incriminated in Article 142 of the Slovenian Penal Code (KZ-1). The offence protects the privacy of individuals in order to protect them from abuse when personal information and secrets are communicated to persons of certain professions (doctors, lawyers, priests, etc.). The issue is analyzed briefly; however, the context raises extremely complex dogmatic issues, particularly in the direction when unlawfulness of the crime shall be excluded, whether it is reasonable that such a complex offence is not prosecuted ex officio or upon request by the injured person, and the nature of relationship between the offence of disclosure of professional secrecy according to Article 142 and offences under Articles 280 (Failure to Inform Authorities of Preparations for Crime) and 281 (Failure to Provide Information of Crime or Perpetrator) of the Slovenian Penal Code. The aim of this paper is to highlight some legal dogmatic issues that have not yet been discussed in legal practice. On the other hand, the authors would also like to urge the legislature to amend the current criminal offence of disclosure of professional secrecy.

Copyright of Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When medical practices outsource IT work, the requirements of data protection laws and professional secrecy in particular must be taken into account. In terms of data protection laws, outsourcing to third parties requires, among other things, that an agreement is concluded, and that the outsourcing provider only processes the data in the way that the doctor himself is permitted to do. Furthermore, outsourcing must not be prohibited by a legal or contractual obligation to maintain secrecy, such as medical professional secrecy. Professional secrecy has been widely discussed in recent years in connection with the outsourcing of services by physicians. Despite other restrictive positions, however, IT outsourcing should continue to be regarded as permissible if it can be justified on objective grounds, if it remains within the scope of what is customary and necessary for physicians and if appropriate measures are taken to avoid disclosure of personal data. [ABSTRACT FROM AUTHOR]

This paper analyzes the secrecy in the Spanish Criminal Procedure, explaining, first, its constitutional matrix. Due to the amplitude of the subject, it was decided to focus on specific issues. So, at first, it was studied the secrecy in the criminal procedure phases (sumario and juicio oral), referring also to secrecy in judicial decisions. After, it was researched the secrecy as protection to witnesses and experts. Then, the secrecy in evidence collection means, such as search and seizure; mailing and telephone calls interceptions; undercover agent. Finally, the professional secrecy.

This paper aims at analyzing the professional secrecy of lawyers within European States, both theoretically and practically. The right to defence – the corollary of any real democracy –is unconceivable in the absence of the service provided by lawyers, while the rights and freedoms of people would be seriously damaged were there not a guarantee for their protection and defence, including through means specific to the lawyer’s profession. Professional secrecy of lawyers does not have a juridical or contractual nature, but a legal one; it springs from the law and it is contained in the professional status of lawyers. The purpose of this study is to underscore the similarities and differences within the legislations of the countries studied; both analysis and synthesis are fructified in the elaboration of this study. Precisely this analysis in parallel and in juxtaposition will open the way for future effective research.

Copyright of Annals of Juridica Sciences / Roczniki Nauk Prawnych is the property of Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this paper the concept of confidentiality is revisited in the light of the challenges arising from technological and communications advances and their applications in clinical practice and scientific research. The analysis is based on the presentation of philosophical background as well as the distinction and precision regarding related concepts: intimacy, privacy, anonymity, and professional secret. A counterpoint between privacy rights of patients and participants of scientific research and professional secrecy and confidentiality as professional duty is done. Also new challenges to privacy are developed in professional practice and scientific research in mental health, like the protection of confidentiality of the electronic clinical file. The authors conclude emphasizing the need to include the subject in the ethical and legal reflection in research and professional education. [ABSTRACT FROM AUTHOR]

Copyright of Revista del ICDT is the property of Instituto Colombiano de Derecho Tributario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Analysis of legal and jurisprudential principle of professional secrecy in the exercise of the legal profession.

Copyright of Cuadernos de Trabajo Social is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)