DP2

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP2

Should Engineer A treat the absence of an explicit confidentiality agreement as eliminating his duty to protect the inspection report from third-party disclosure, or does an implicit professional confidentiality obligation persist regardless of any written agreement?

Engineer A had no explicit confidentiality agreement with the client couple at the time of engagement. He argued, implicitly, that the absence of a formal confidentiality clause meant no binding duty of non-disclosure attached to the inspection report. The question is whether the NSPE Code imposes an implicit confidentiality obligation over commissioned work product even when no written confidentiality agreement exists, and whether that implicit duty was sufficient to prohibit Engineer A's disclosure to the real estate firm.

Treat the commissioned inspection report as client proprietary work product subject to an implicit confidentiality obligation arising from the professional engagement itself, regardless of the absence of a written confidentiality clause, and refrain from any third-party disclosure without client consent.

Interpret the lack of an explicit confidentiality clause as indicating that no binding duty of non-disclosure attaches to the inspection report, and proceed with transmitting the carbon copy to the real estate firm on the basis that no formal restriction was agreed upon.

Recognize that some confidentiality expectation exists but treat it as substantially weakened by the absence of a formal agreement, applying a lower standard of care that permits disclosure to transaction-adjacent parties such as the real estate firm while still withholding the report from unrelated third parties.

Engineer A