(a) The architect shall reveal confidences and private information under the following circumstances:
- (1) when he/she has obtained the consent of the client(s) or employer(s) affected, but only after full disclosure to them; or
- (2) when required by law or court order; or
- (3) when necessary to establish legal proof of his/her relationship with a client or employer 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 client or employer; or
- (4) when necessary to defend himself/herself or his/her employees or associates in a legal action alleging wrongful conduct.
(b) Except as permitted by subsection (a), the architect shall not knowingly:
- (1) reveal a confidence or private information regarding or in the possession of his/her client or employer; or
- (2) use a confidence or private information regarding or in the possession of his/her client or employer to the disadvantage of such client or employer; or
- (3) use a confidence or private information regarding or in the possession of his/her client or employer for the advantage of a third person, unless the client or employer consents after full disclosure.
- (c) The architect shall exercise reasonable care to prevent his/her employees and associates from the unauthorized disclosure or use of private information or confidences regarding or in the possession of a client or employer.
Source Note:The provisions of this §1.145 adopted to be effective September 19, 1996, 21 TexReg 8662.