A minority of States apply the privilege of testimonial, both in criminal and civil matters, at the age of 53. A general rule of order is that information that was not publicly available or available to your spouse before your divorce should not be made available to the public because of your divorce without adequate protection. For example, private business information – corporate finances, customer data, and any other information that the owner does not wish to disclose publicly – should be included in a confidentiality agreement. Whether you are a member of an LLC, a partnership, or an employee of a company, it is your responsibility to protect this protected information. In most cases, there is no need to include personal information such as your personal statements in such an agreement. Unless you`re a celebrity or you`re in public, it would be a litter. Not all financial information should be confidential. Confidentiality agreements should also contain instructions on how to dispose of confidential documents at the end of a case, how to process documents when they are presented to the court as part of an application, how to challenge the confidential status of a document, and how to protect confidential documents in other circumstances. At the end of the proceedings, a spouse should not have continuous access to the confidential information of the other spouse (although his or her lawyer may keep a copy of the file) nor be able to rely on the confidential documents provided by the divorce proceedings in other disputes in which he or she would not be allowed to obtain such information. Paradoxically, in the old common law, the disadvantageous privilege of marriage belonged only to the accused who could use it to prevent his spouse from testifying against him. This reversal of the law in force arising from two rules of medieval jurisprudence – that an accused could not testify in his own name and that the wife, because her husband and wife were one and the wife did not have a separate legal existence, was excluded from testifying on behalf of her husband. It`s not just entrepreneurs who should also take care of privacy.
If you are an employee of a company and you need access to confidential corporate documents to determine your compensation, that company may want to obtain a confidentiality order to protect them before disclosing those documents….