Confidentiality
Confidentiality has been defined by the In-
ternational Organization for Standardization
(ISO) as "ensuring that information is access-
ible only to those authorized to have access"
and is one of the cornerstones of information
security. Confidentiality is one of the design
goals for many cryptosystems, made possible
in practice by the techniques of modern
cryptography.
Confidentiality also refers to an ethical
principle associated with several professions
(e.g., medicine, law, religion, professional
psychology, and journalism). In ethics, and
(in some places) in law and alternative forms
of legal dispute resolution such as mediation,
some types of communication between a per-
son and one of these professionals are "priv-
ileged" and may not be discussed or divulged
to third parties. In those jurisdictions in
which the law makes provision for such con-
fidentiality, there are usually penalties for its
violation.
Confidentiality of information, enforced in
an adaptation of the military’s classic "need-
to-know" principle, forms the cornerstone of
information security in today’s corporates.
The so called ’confidentiality bubble’ restricts
information flows, with both positive and
negative consequences.[1]
Legal confidentiality
Lawyers are often required by law to keep
confidential anything pertaining to the rep-
resentation of a client. The duty of confidenti-
ality is much broader than the attorney-client
evidentiary privilege, which only covers com-
munications between the attorney and the
client.
Both the privilege and the duty serve the
purpose of encouraging clients to speak
frankly about their cases. This way, lawyers
will be able to carry out their duty to provide
clients with zealous representation. Other-
wise, the opposing side may be able to sur-
prise the lawyer in court with something
which he did not know about his client, which
makes both lawyer and client look stupid.
Also, a distrustful client might hide a relevant
fact which he thinks is incriminating, but
which a skilled lawyer co