These agreements can also lead to a decrease in the sense of personal responsibility, at least in cases where security and research and development are not involved. If you think it would be bad for you if others find out what says or does, maybe you should do a little more care in what you say and do. For example, President Trump`s personal assistant, Madeleine Westerhout, tendered her resignation after revealing to a reporter that the president did not want to take pictures with his daughter Tiffany because he thought she was overweight. The president tweeted that Westerhout had “a fully enforceable confidentiality agreement.” We cannot confirm or deny whether what Westerhout said was true. If that is true, then the problem may not be the breach of confidentiality; Maybe it`s the criticism of your own daughter`s body in front of your subordinates. Confidentiality agreements often create abusive and unethical behaviour. It is permissible to continue without control because people are afraid to speak out for fear of being prosecuted. These include agreements that prevent a person from reporting any wrongdoing, offence or protected disclosure to the appropriate authorities and prevent a person from cooperating in a criminal investigation. One of the main problems with confidentiality agreements is that they promote confusion between ethics and compliance. It is possible and even common to be very good at what makes compliance for a given organization, but not to know little or nothing about ethics. Compliance, which is defrosting in ethics, replaces superficial proceduralism instead of substantial moral reflection.
Finally, the rules should not be followed when the rules themselves are unethical. They then resigned instead of signing the contract that would have eliminated their ability to make phone sales from their garages. The employer lost several very thoughtful and necessary employees about signing a confidentiality agreement years after hiring. The Committee also proposed that confidentiality clauses be used only at the request of a worker, except in exceptional circumstances. Employers should review the NOA on a case-by-case basis. They should take into account the real need for a confidentiality clause, the existence of ethical issues and the consequences of the application of those clauses. It is essential to avoid the following clauses within an NDA, as provided in the ImFebruar 2020 report on CASA guidelines on the secrecy of non-disclosure agreements: routine to conceal inappropriate behaviour or wrongdoing, to mislead someone, to prevent someone from reporting discrimination, harassment or sexual harassment, to prevent a person from self-reporting, or to avoid a legal obligation to refer to a regulation. , the government agency or the police.
In the absence of confidentiality agreements to protect intellectual property, legitimate business interests would suffer. Without confidentiality, employers may be concerned that an agreement appears to be a fault, so it may be denying to allow the matter to proceed in the hope that individuals are short of financial or emotional resources.