15 April 2024

NDAs

It should be a crime and violation of professional ethics rules, in and of itself, and should also make one a civil and criminal co-conspirator to use a non-disclosure agreement to conceal criminal conduct, tortious activity, breaches of contract, violations of government regulations, government mistakes, adultery, affairs, or to protect a person's reputation. Any such non-disclosure agreements should also be void ab initio. An NDA should be permissible solely to protect trade secrets. And, any valid NDA should disclose this limitation on its face.

Likewise, data protection and privacy rules and laws should never be used for these purposes.

Privacy protections for juvenile delinquency and educational records should also be abolished.

All of this legal protection for secrets does more harm than good.

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