OT: legal obligations

Kareem Shehata kareem-d+8TeBu5bOew5LPnMra/2Q at public.gmane.org
Thu Jan 17 02:37:21 UTC 2008


Standard disclaimer for this topic: I am not a lawyer, this is not legal
advice, anything written below is to be taken only at face value, blah, blah
blah...

> -----Original Message-----
> From: owner-tlug-lxSQFCZeNF4 at public.gmane.org [mailto:owner-tlug-lxSQFCZeNF4 at public.gmane.org] On Behalf Of James
> Knott
> Sent: Wednesday 16 January 2008 14:27
> To: tlug-lxSQFCZeNF4 at public.gmane.org
> Subject: Re: [TLUG]: OT: legal obligations
> 
> I seem to recall a case not to long ago, about such stuff found on a
> computer in for repair.  IIRC, the point was made that such stuff should
> be reported.  Also, I have a friend who's a psychologist who is supposed
> to report to police, a patient she considers a significant risk to
> others, despite privacy concerns.  They same thing applies to physicians
> or eye doctors, who have a patient that's no longer capable of driving
> safely.  They are required, by law, to report that person.
> 
> Bottom line, privacy rules, unless it will result in danger to others.

A) Unless you've signed an agreement of some sort, you're not under any
obligation for privacy.  Most of the privacy laws that I'm aware of do not
cover this situation.  Sure, posting someone's HDD on the 'net without
permission may get you in some hot water, but I'm not aware of any precedent
for reporting anything to the police, or appropriate authorities.

B) Any contract or legal obligation, including professional ones, is
superseded by a duty to the public.  Remember: any contract that violates
the law is not a legal contract.

My answer?  If you see something that you really think could be illegal, at
least look into it.  Stall if you have to, and probably get a lawyer, but
don't let it slide.

-kms

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