Confidential Information Flashcards
Under the Data Protection Act 2018, which of the following is considered ‘personal data’?
A) A company’s registered office address.
B) A list of case law references.
C) A person’s professional email address.
D) An anonymous survey response that could be linked to an individual.
D) An anonymous survey response that could be linked to an individual.
Explanation:
Personal data includes any information that can identify a living individual, even if not explicitly named.
If anonymous data can still identify someone, it is classed as personal data.
Under the Data Protection Act 2018, what is a core principle when handling personal data?
A) It must be collected only for specific and lawful purposes.
B) It can be stored indefinitely if it might be useful.
C) It must be deleted immediately after use, even if the client requests otherwise.
D) It must be handled securely to prevent loss, damage, or unauthorised access.
D) It must be handled securely to prevent loss, damage, or unauthorised access.
Explanation:
Data protection requires safeguarding personal data from breaches, hacking, or misuse.
Storing data indefinitely is unlawful unless justified.
Which statement best describes a solicitor’s duty of confidentiality under CCS 6.3?
A) It expires when a client moves to another firm.
B) It only applies to legal advice, not administrative matters.
C) It applies to both current and former clients, even after death.
D) It can only be overridden by client consent or a legal requirement.
D) It can only be overridden by client consent or a legal requirement.
Explanation:
Confidentiality applies indefinitely (including after a client’s death) and can only be broken with legal justification or client consent.
Which of the following is NOT an exception to the duty of confidentiality under CCS 6.3?
A) The client consents to disclosure.
B) The solicitor believes disclosure is in the client’s best interests.
C) A third party requests the information.
D) A court order requires disclosure.
C) A third party requests the information.
Explanation:
Confidentiality cannot be overridden by personal judgment (B) or third-party requests (C).
Only legal requirements or client consent justify disclosure.
Under CCS 6.4, when must a solicitor disclose information to their client?
A) When it is material to the client’s case.
B) When the solicitor believes the client should know, even if it is not directly relevant.
C) Only if the client specifically asks for it in writing.
D) Unless an exception applies, whenever the solicitor has knowledge of material facts.
D) Unless an exception applies, whenever the solicitor has knowledge of material facts.
Explanation:
CCS 6.4 requires solicitors to disclose relevant information unless exceptions apply (e.g., serious harm or legal restrictions).
A journalist contacts a solicitor, asking for details about a high-profile client’s case, offering to keep their identity anonymous. What should the solicitor do?
A) Politely refuse and maintain full confidentiality.
B) Provide only non-sensitive details to protect the firm’s reputation.
C) Confirm the client’s name but not case details.
D) Refuse and remind the journalist of confidentiality obligations.
D) Refuse and remind the journalist of confidentiality obligations.
Explanation:
Solicitors must not disclose any client information, even when dealing with the media.
Client confidentiality applies regardless of public interest.
A solicitor receives a court order requiring disclosure of certain client records. What should they do?
A) Ignore the order until further notice.
B) Seek the client’s consent before complying.
C) Challenge the order in court before taking action.
D) Inform the client and comply with the court order.
D) Inform the client and comply with the court order.
Explanation:
A court order legally overrides confidentiality.
The solicitor must inform the client but cannot refuse compliance.
A solicitor learns that their client intends to commit a violent crime. What should the solicitor do?
A) Do nothing due to confidentiality obligations.
B) Wait until the client commits a crime before reporting it.
C) Resign from the case without taking any further action.
D) Report the matter to the appropriate authorities.
D) Report the matter to the appropriate authorities.
Explanation:
Preventing serious harm overrides confidentiality.
Failing to act could result in legal and ethical consequences.
A solicitor represented a client in a fraud case five years ago. The police now request access to the solicitor’s case notes. What should the solicitor do?
A) Refuse disclosure unless required by law.
B) Provide the records since the case is no longer active.
C) Seek permission from the former client before responding.
D) Allow access only if the client was convicted.
A) Refuse disclosure unless required by law.
Explanation:
Confidentiality remains indefinitely unless a legal requirement justifies disclosure.
A solicitor accidentally sends a confidential client email to the wrong recipient. What is the best course of action?
A) Delete the email from their records and move on.
B) Contact the SRA to report professional misconduct.
C) Notify the client and attempt to retrieve the email.
D) Ask the recipient to delete it and report the breach under data protection laws.
D) Ask the recipient to delete it and report the breach under data protection laws.
Explanation:
Solicitors must mitigate harm by requesting deletion and reporting the breach to comply with data protection regulations.
