Effectively 
Protecting 
Confidential 
Information 
BONITA LEWIS BELL – OCTOBER 2014
Confidential Information Is . . . 
Any information or data that is not generally known or accessible, 
and which gives the owner a competitive advantage. 
Technical information 
◦ Know-how 
◦ Technology 
◦ Equipment Specs 
◦ Trade Secrets 
◦ Customer list 
◦ Equipment 
◦ Product plans 
◦ Financials 
◦ Pricing/Proposals 
◦ Agreements
Not Confidential Info if . . . 
•Generally known at time of disclosure 
•Information rightfully received from a 
third party authorized to make 
disclosure 
•Becomes publicly known through no 
fault of the recipient 
Confidential information that goes outside of the organization without 
an obligation of confidentiality – even if disclosed to only one person – 
is no longer confidential
Disclosure – Purposeful or Accidental 
“Many organizations spend a great deal of time seeking to protect 
against third parties taking confidential information, often the greater 
risk lies in the accidental disclosure of confidential information by its 
own personnel.” 
Intellectual Property Culture, Dobrusin & Krasnow, 2008
Unwitting Disclosure of Confidential Information 
•Presentations at conferences/trade shows 
•Phone conversations in public places 
•Sales activities, product demos, bid proposals w/o 
confidentiality agreements 
•Social gathering, entertaining customers 
•Website posting – blogs, message boards 
•Investor/analyst presentations 
•Poor document control 
◦Documents visible in public places 
◦Info left behind in conference rooms, etc.
Protecting Confidential Information 
• Reasonable under the circumstances 
• Will vary from industry to industry or even business to 
business within the same industry 
◦ How is the information designated as confidential? 
◦ What physical measures are taken to limit access to the confidential 
information?
Protecting Confidential Information 
Limit Access 
 Password protection 
 Locked storage 
 Limited access areas
Protecting Confidential Information 
Know Your Visitors 
 Require sign-in/sign-out 
 Require Escorts 
 No Tailgating
Protecting Confidential Information 
Keep 
Employees 
Aware 
 Access on Need to Know Basis 
 Non-disclosure agreements 
 Reminders to Departing Team Members
Protecting Confidential Information 
Keep 
It 
Clean 
 Clear Conference Rooms 
 Log off of Computers 
 Put away confidential materials
Protecting Confidential Information 
Disclose with Care 
 Secure Signed Confidentiality Agreements 
 Disclose only what is needed 
 Mark with Legends 
 CONFIDENTIAL 
 © Owner, Date. All rights reserved.

Effectively Protecting Confidential Infomation

  • 1.
    Effectively Protecting Confidential Information BONITA LEWIS BELL – OCTOBER 2014
  • 2.
    Confidential Information Is. . . Any information or data that is not generally known or accessible, and which gives the owner a competitive advantage. Technical information ◦ Know-how ◦ Technology ◦ Equipment Specs ◦ Trade Secrets ◦ Customer list ◦ Equipment ◦ Product plans ◦ Financials ◦ Pricing/Proposals ◦ Agreements
  • 3.
    Not Confidential Infoif . . . •Generally known at time of disclosure •Information rightfully received from a third party authorized to make disclosure •Becomes publicly known through no fault of the recipient Confidential information that goes outside of the organization without an obligation of confidentiality – even if disclosed to only one person – is no longer confidential
  • 4.
    Disclosure – Purposefulor Accidental “Many organizations spend a great deal of time seeking to protect against third parties taking confidential information, often the greater risk lies in the accidental disclosure of confidential information by its own personnel.” Intellectual Property Culture, Dobrusin & Krasnow, 2008
  • 5.
    Unwitting Disclosure ofConfidential Information •Presentations at conferences/trade shows •Phone conversations in public places •Sales activities, product demos, bid proposals w/o confidentiality agreements •Social gathering, entertaining customers •Website posting – blogs, message boards •Investor/analyst presentations •Poor document control ◦Documents visible in public places ◦Info left behind in conference rooms, etc.
  • 6.
    Protecting Confidential Information • Reasonable under the circumstances • Will vary from industry to industry or even business to business within the same industry ◦ How is the information designated as confidential? ◦ What physical measures are taken to limit access to the confidential information?
  • 7.
    Protecting Confidential Information Limit Access  Password protection  Locked storage  Limited access areas
  • 8.
    Protecting Confidential Information Know Your Visitors  Require sign-in/sign-out  Require Escorts  No Tailgating
  • 9.
    Protecting Confidential Information Keep Employees Aware  Access on Need to Know Basis  Non-disclosure agreements  Reminders to Departing Team Members
  • 10.
    Protecting Confidential Information Keep It Clean  Clear Conference Rooms  Log off of Computers  Put away confidential materials
  • 11.
    Protecting Confidential Information Disclose with Care  Secure Signed Confidentiality Agreements  Disclose only what is needed  Mark with Legends  CONFIDENTIAL  © Owner, Date. All rights reserved.