Can the Department of Human Services be sued for breaching confidentiality?
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Can the Department of Human Services be sued for breaching confidentiality?
My husband and I were attempting to adopt 2 girls in foster care. Another couple, whom we know personally, also wanted the girls. I was concerned about the form of punishment the other couple used and how the girls might react. I sent an email to the social worker and her supervisor about this. The social worker went to the other couple and told them what was said and that I said it. I know this for a fact because the mother of the other lady called me and asked if I had said it. She used the exact wording I used in my email.
Asked on July 18, 2018 under Personal Injury, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are assuming that what you said was confidential--it was not, unless they promised confidentiality before you sent them the email. People assume that anything sent from A to B is automatically confidential, but that is not the case; there must be an agreement as to confidentiality prior to the disclosure or communication. Without such a promise or agreement, anything you send may be freely shared.
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