Ala. Admin. Code r. 330-X-14-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 330-X-14-.04 - Confidences Of Clients and Employers (Canon III)

The engineer or land surveyor shall safeguard and preserve the confidences and private information of clients and employers as follows:

(a) Except as permitted by Rule 330-X-14-.04(b), the engineer or land surveyor shall not knowingly:

1. Reveal a confidence or private information regarding or in the possession of the licensee's client or employer, current or former;

2. Use a confidence or private information regarding or in the possession of his client or employer, current or former, to the disadvantage of the client or employer;

3. Use a confidence or private information regarding or in the possession of the client or employer for the advantage of a third person, unless the client or employer, current or former, consents after full disclosure except (b) below.

(b) The engineer or land surveyor may reveal confidences or private information under the following circumstances:

1. When he or she has obtained the consent of the client or clients, employer or employers, current or former, affected, but only after full disclosure to them;

2. When required by law or court order;

3. When necessary to establish legal proof of his or her relationship with a client or employer, current or former, in a court action to recover salaries, fees or other compensation due him or her as a result of his employment or association with the client or employer, current or former;

4. When necessary to defend himself or herself or his employees or associates in a legal action alleging wrongful conduct;

5. When there is potential danger to the public's safety and well being.

(c) The engineer or land surveyor shall exercise reasonable care to prevent unauthorized disclosure or use by his or her employees and associates of private information or confidences regarding or in the possession of a client or employer, current or former.

(d) Nothing in this rule shall relieve an engineer or land surveyor from complying with Rule 330-X-14-.05(j).

(e) Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

Ala. Admin. Code r. 330-X-14-.04

Filed September 22, 1982. Amended: Filed November 14, 1984. Amended: Filed September 23, 1998; effective October 28, 1998. Amended: Filed June 22, 2012; effective July 27, 2012.

Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors

Statutory Authority:Code of Ala. 1975, § 34-11-35.