Who determines what information is confidential?

The determination of confidential information primarily falls under the responsibility of the employer or client. This entity defines what constitutes confidential and sensitive information based on the business context, proprietary interests, and the nature of the information itself. Confidential information often includes trade secrets, client data, internal communications, and other sensitive materials that could harm the organization or its stakeholders if disclosed.

Employers or clients typically set these guidelines through policies, contracts, or non-disclosure agreements, ensuring that everyone involved is aware of the boundaries regarding information sharing. This structured approach helps maintain trust and protects both the entity's competitive advantage and the privacy of individuals' data.

While legislation can impose certain standards on confidentiality and dictate what must be safeguarded, the specific details and context usually derive from the employer or client's discretion. Similarly, public opinion does not have a formal role in determining confidentiality, as it lacks authority and formal structures to set such guidelines. In summary, the employer or client is the primary authority on defining confidential information within their organization or contractual relationships.