November 16, 2008

Reporting Questionable Images Found on Computers

I monitor a PUBLIC site that allows folks to ask legal questions and get responses from lawyers in their state. From time to time I will post "verbatim" relevant entries and their responses, but protecting their privacy.

11-16-2008 Somewhere National:


QUESTION: Signed Confidentiality Agreement

If you signed a confidentiality agreement as a data recovery computer tech and found info on someones hard drive alluding to a serious crime are you leagally bound by the confidentiality agreement to not report it?


ANSWER:

You MUST report the crime if it involves child abuse (including child porn) or abuse of the elderly. It's a crime not to report child abuse or elder abuse. Confidentiality agreements cannot prevent you from reporting criminal activity, so you are free to report it, if you desire. If the criminal activity is ongoing, you could be charged in rare circumstances as an accessory if you don't report it.

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