Confidentiality

Question 1

What should you do if a third parties requests access to your files?

Answer 1

Must get the client’s approval first unless you are subject to a statutory duty overriding the client’s confidentiality rights e.g. the police or HMRC investigation.

Question 2

What should a surveyor do if they find out a confidential piece of information in error about a party who is not their client?

Answer 2

• Cannot use the information for their own purposes.
• Client and sender should be advised of the error.
• Matter should be recorded in a note to the firm’s compliance officer.
• Any confidential information received in error should be disposed of securely.

Question 3

What is a NDA?

Answer 3

• Non-Disclosure Agreement.
• Legal contract between at least two parties that outlines confidential material.
• They are used by our clients to make sure commercially sensitive information is not shared.

Question 4

When can you divulge confidential information?

Answer 4

1. If a Court orders.

2. If you receive informed consent.

Question 5

What is the meaning of confidential?

Answer 5

Information that is not in the public domain.

Question 6

What do the RICS Bye-laws say about confidentiality?

Answer 6

• State that client confidentiality must be maintained for all client affairs.
• This includes historic information and information provided by a client prior to instruction.

Question 7

What do you do if you receive confidential info in error?

Answer 7

• This information cannot be used for my own purposes. The client and sender should be advised of the error. The matter should be recorded in a note to the firm’s compliance officer.
• The material should be securely disposed of.