The professional geologist shall safeguard and preserve the confidences and private information of clients and employers as follows:

1. (1) Except as permitted by Rule 364-X-14-.04, the professional geologist shall not knowingly:

   1. (a) reveal a confidence or private information regarding or in possession of his/her client or employer, current or former.
   2. (b) use a confidence or private information regarding or in the possession of his client or employer, current or former, to the disadvantage of such client or employer.
   3. (c) use a confidence or private information regarding or in the possession of his client or employer for the advantage of a third person, unless the client or employer, current or former, consents after full disclosure.
   4. (d) nothing in this Article shall relieve a professional geologists from complying with Rule 364-X-14-.03(e).

2. (2) The professional geologists may reveal confidences or private information under the following circumstances:

   1. (a) when he/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. (b) when required by law or court order.
   3. (c) when necessary to establish legal proof of his/her relationship with a client or employer, current or former, in a court action to recover salaries, fees, or other compensation due him/her as a result of his/her employment or association with such a client or employer, current or former.
   4. (d) when necessary to defend himself/herself or his/her employee or associates in a legal action alleging wrongful conduct.
3. (3) The professional geologists shall exercise reasonable care to prevent unauthorized disclosure or use by his/her employees and associated or private information or confidences regarding or in the possession of a client or employer, current or former.

Author: Thornton Neathery

Statutory Authority: Code of Ala. 1975, §34-41-5.

History: New Rule: Filed May 10, 1996; effective June 14, 1996. Amended: Filed March 5, 2002; effective April 9, 2002.