# Non Disclosures



## Keystone (Apr 4, 2018)

With all the addition, alteration or renovation inspections performed lately, we've been
dealing with businesses requiring signature of non disclosure.  How are your offices
handling this, signing, not signing, or????  Also, list if you're with a municipality /
county or a third party.


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## tmurray (Apr 4, 2018)

I've never had to sign one here. Our lawyer would have to review it and of course we have legislation here that provides protection of private/confidential information anyway. I'd want the agreement to be very specific on what they are trying to protect.

The agreement should not be permitted to restrict your work as an official in any capacity.

I'm with a municipality.


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## Keystone (Apr 4, 2018)

tmurray said:


> I've never had to sign one here. Our lawyer would have to review it and of course we have legislation here that provides protection of private/confidential information anyway. I'd want the agreement to be very specific on what they are trying to protect.
> 
> The agreement should not be permitted to restrict your work as an official in any capacity.
> 
> I'm with a municipality.



I haven't seen the document because I advised gate security I refuse to sign any document, our policy (third party) is we do not sign anything from anyone else. 

I do not imagine the intent of this non disclosure as preventing or restricting my duty however a lawyer can better advise on this.


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## cda (Apr 4, 2018)

Have dealt with proprietary before, never had to sign anything. My guess about the same thing.

On a city side, most stuff is discoverable by open records. I can see security matters and similar could be protected


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## my250r11 (Apr 4, 2018)

cda said:


> On a city side, most stuff is discoverable by open records.



Same here, I only sign our permits.


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## Francis Vineyard (Apr 4, 2018)

tmurray said:


> I've never had to sign one here. Our lawyer would have to review it and of course we have legislation here that provides protection of private/confidential information anyway. I'd want the agreement to be very specific on what they are trying to protect.
> 
> The agreement should not be permitted to restrict your work as an official in any capacity.
> 
> I'm with a municipality.


Ditto;  "shall be confidential and shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except to the applicant or the owner of the property upon the applicant's or owner's request."


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## cda (Apr 4, 2018)

Francis Vineyard said:


> Ditto;  "shall be confidential and shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except to the applicant or the owner of the property upon the applicant's or owner's request."





Just a question

What :::    “”””shall be confidential””””  and shall not be subject to disclosure


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## tmurray (Apr 4, 2018)

cda said:


> Just a question
> 
> What :::    “”””shall be confidential””””  and shall not be subject to disclosure



This would be anything that violates an individual, or companies "reasonable expectation of privacy". Section 8 of the Canadian Rights and Freedoms. You folks have an amendment to your constitution on this (...4th?). Private residences would have the strictest expectation of privacy: anything not visible from public property could be reasonably expected to be private. Businesses open to the public or bare land have a moderate expectation of privacy. Business that are not open to the public or restricted areas in businesses that are open to the public would have a higher expectation of privacy as well, particularly in this situation with security involved. 

If information has been lawfully obtained by a building inspector through an administrative process, but that information is otherwise private, it would be a violation of the law to release this information.

Is it just the security folks asking you to sign? They might have been told that everyone entering the property who are not staff must sign and are not aware that there may be some exceptions.


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## cda (Apr 4, 2018)

tmurray said:


> This would be anything that violates an individual, or companies "reasonable expectation of privacy". Section 8 of the Canadian Rights and Freedoms. You folks have an amendment to your constitution on this (...4th?). Private residences would have the strictest expectation of privacy: anything not visible from public property could be reasonably expected to be private. Businesses open to the public or bare land have a moderate expectation of privacy. Business that are not open to the public or restricted areas in businesses that are open to the public would have a higher expectation of privacy as well, particularly in this situation with security involved.
> 
> If information has been lawfully obtained by a building inspector through an administrative process, but that information is otherwise private, it would be a violation of the law to release this information.
> 
> Is it just the security folks asking you to sign? They might have been told that everyone entering the property who are not staff must sign and are not aware that there may be some exceptions.



Forgot you live in a free society


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## linnrg (Apr 4, 2018)

in post #3 he said "he advised gate security"

so probably a facility with limited access due to the nature of what is done inside.

I am surprised that this subject does not come up very often because over the years I have been to many places where it could have been an issue.  I have been to fish processing facilities that did not want their secret recipe or process out to the public.  I have held a clearance in the past for facilities that you don't get into unless you have a clearance (yes, both federal facilities and military contractor facilities).  I have been in places where the persons were activily working on patents, I have been in semi conductor facilities, etc.  I have seen several homes that have hidden areas (for like storing of guns).

I can easily see that there could be a time when the applicant/owner etc. has enough of whatever they need to protect in their facility (of which you might understand) that they would desire the facts about the facility not to be disclosed to the public.  Probably both from the items that may wind up in a file and what might accidentally slip from the inspector'is tongue.  Don't be surprised if they request you leave your camera and smart phone behind.


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## Keystone (Apr 4, 2018)

linnrg said:


> in post #3 he said "he advised gate security"
> 
> so probably a facility with limited access due to the nature of what is done inside.
> 
> ...



Yes gate security meaning it is a secured facility. Not many folks would view this place as high security, actually I was slightly taken back by its procedures for how common of a facility this is. We have been in much more sensitive facilities without issue. 

Anyhow, we are in contact with township administrators and the facilities HR so we shall see where this goes.


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## cda (Apr 4, 2018)

Keystone said:


> I haven't seen the document because I advised gate security I refuse to sign any document, our policy (third party) is we do not sign anything from anyone else.
> 
> I do not imagine the intent of this non disclosure as preventing or restricting my duty however a lawyer can better advise on this.





Ok
Yea I do not see a problem with it,

Except if it has something to do with the inspection,

Then unless you are the top dog, bring the boss out to look at the issue and resolve.

General Motors would not let me touch thier new cars.


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## north star (Apr 4, 2018)

*% ~ % ~ %*

Bank vaults come to mind for a non-disclosure agreement
[ i.e. - structural, security, wiring, fiber optic designs, etc.  ]. 

*% ~ % ~ %*


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## ICE (Apr 4, 2018)

I have signed a few for manufacturers.  I didn’t hesitate.  I am tasked with reviewing listing reports and installation instructions.  Occasionally the product has not been revealed to the marketplace.  Some companies don’t ask for a non disclosure....we have an understanding.  

If I get too many going at once I have step back and make sure that I don’t write the right correction for the wrong company.  Well that part of the job has been slow lately but there was a time that it took too much time.


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## mark handler (Apr 4, 2018)

The only one I signed is with the DOD, as an architect, working on mil bases.


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## Keystone (Apr 5, 2018)

cda said:


> Ok
> Yea I do not see a problem with it,
> 
> Except if it has something to do with the inspection,
> ...


 
It's a GM, not worth touching anyway.


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