What cannot be disclosed without consent?

Asked by: Prof. Dion Brekke III  |  Last update: January 31, 2026
Score: 4.3/5 (12 votes)

Without consent, you generally cannot disclose someone's Protected Health Information (PHI), financial details, personal history, sexual orientation, religious beliefs, or sensitive education records, as these fall under privacy laws like HIPAA and FERPA, but exceptions exist for public safety, court orders, or emergencies where imminent harm is present, such as reporting serious crimes or child abuse.

What cannot be disclosed without consent in FERPA?

Access to Student Education Records

According to FERPA, personally identifiable information in an education record may not be released without prior written consent from the student. Some examples of information that MAY NOT BE RELEASED without prior written consent of the student include: university ID number.

What are 10 examples of sensitive personal information?

Definition of Sensitive Personal Information

  • Racial or ethnic origin.
  • Political opinions.
  • Religious or philosophical beliefs.
  • Trade union membership.
  • Genetic data.
  • Biometric data.
  • Health data.
  • Sexual orientation or sex life.

What situations allow for disclosure without authorization?

A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) ...

Can you sue someone for revealing private information?

The publicizing of private details without consent could cause significant harm. You have a right to privacy for certain information about yourself. That also means you can sue a person who makes that information public. The tort of “public disclosure of private facts” is a state law claim of invasion of privacy.

When Can a School Disclose Information Without Student or Parental Consent?

45 related questions found

What are the 4 types of invasion of privacy?

The four main types of invasion of privacy are: Intrusion upon seclusion (e.g., spying), Public disclosure of private facts (revealing embarrassing truths), False light (portraying someone inaccurately), and Appropriation of name or likeness (using someone's identity for gain). These legal concepts protect individuals from unwanted intrusion into their personal lives and misuse of their identity.
 

Can you get sued for gossiping?

A person can be held legally responsible for harming someone's reputation if they share malicious gossip, or spread rumors that turn out to be false.

What is considered an unauthorized disclosure?

Unauthorized disclosure occurs when personally identifiable information from a student's education record is made available to a third party who does not have legal authority to access the information.

What are the three rights under the privacy Act?

Under the U.S. Privacy Act of 1974, individuals have three main rights: the right to access their own federal agency records, the right to request amendments to inaccurate or incomplete records, and the right to sue the government for violations, like unauthorized disclosure or mishandling of their data. These rights ensure individuals can see, correct, and seek remedies for how federal agencies handle their personal information. 

What information can be shared without consent?

You can share confidential information without consent if it is required by law, or directed by a court, or if the benefits to a child or young person that will arise from sharing the information outweigh both the public and the individual's interest in keeping the information confidential.

What is the most sensitive personal information?

Sensitive information often includes personal details such as names, addresses, social security numbers, and medical records. Safeguarding this information is crucial to protecting individuals' privacy and preventing identity theft, fraud, or other forms of exploitation.

What is data masking?

Data masking is the process of hiding data by modifying its original letters and numbers. Due to regulatory and privacy requirements, organizations must protect the sensitive data they collect about their customers and operations.

What are the four types of sensitive information?

Sensitive data can be classified into four main types:

  • Public – Low data sensitivity or public classification.
  • Internal – Moderate data sensitivity or internal classification.
  • Confidential – High data sensitivity or confidential classification.
  • Restricted – Extremely sensitive data or restricted classification.

What is a FERPA violation?

A FERPA violation is the improper disclosure or mishandling of a student's private educational records by a school, violating the Family Educational Rights and Privacy Act. This includes sharing sensitive data like grades, disciplinary records, or personal details without consent, denying access to records, failing to secure digital files, or posting grades publicly with identifiers, even if unintentional. 

When can records be released without consent?

Records may be released without the student's consent: (1) to school officials with a legitimate educational interest; (2) to other schools to which a student seeks or intends to enroll; (3) to education officials for audit and evaluation purposes; (4) to accrediting organizations; (5) to parties in connection with ...

What's the difference between Hippa and FERPA?

For the most part, community health care providers follow HIPAA and school providers follow FERPA. This is because schools that provide health care services generally document student health information in records that are considered education records, and are therefore covered under FERPA.

What are the 8 individual privacy rights?

The GDPR has a chapter on the rights of data subjects (individuals) which includes the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and the right not to be subject to a decision based solely on automated ...

What is an example of a violation of the Privacy Act?

EXAMPLE: An agency creates a database to track employees' financial information but deliberately avoids publishing a SORN to evade public scrutiny. This omission violates the Privacy Act, exposing the responsible parties to criminal liability.

What are the four types of privacy rights?

Intrusion upon seclusion; Appropriation of a person's name or likeness; Public disclosure of private facts; and. Publicity placing person in false light.

What is an unlawful disclosure?

Unlawful disclosure of Inside Information arises where an Entity possesses Inside Information and discloses that Inside Information to any other Entity, except where the disclosure is made in the normal exercise of an employment, a profession or duties (“Unlawful Disclosure”).

What are the four types of disclosure?

Types of disclosures

  • Financial disclosures. These reports make known the profits, losses, and overall financial condition of the business.
  • Operations disclosures. ...
  • Strategic disclosures. ...
  • Risk disclosures. ...
  • Narrative disclosures.

What is a top secret unauthorized disclosure?

(1) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security.

What is considered malicious gossip?

One tell-tale sign of toxic gossip is when it becomes personal and malicious. If you notice that the gossip is centered around attacking someone's character or spreading false rumors about their personal life, it's a clear indication that the gossip has crossed the line.

Can you press charges for someone talking about you?

In the United States, defamation is primarily treated as a civil matter rather than a criminal offense. This means that in most cases, someone who makes false statements that damage another person's reputation can be sued for monetary damages but won't face jail time or criminal penalties.

What proof is needed for slander?

To prove slander (spoken defamation), you must show the defendant made a false statement of fact, communicated it to a third party, did so with at least negligence or actual malice, and that it caused you actual harm or damages, like financial loss, with truth being a complete defense. Evidence often includes witnesses, recordings, and financial records to prove the statement's falsehood, publication, and resulting damages.