Introduction to confidentiality Diana Galpin Research and Innovation Services (R&IS)

2 What do we mean by Information? Information (Any) e.g. Reports Data Designs Plans Processes Commercial Financial

3 When is it confidential? Confidential / Secret Not in the public domain Commercially sensitive Official Secret

4 Why is it so important? Failure to maintain confidentiality has consequences: Patents - as they won’t be granted Publication – publishers don’t want old ideas Competitiveness – remember all the other academics fighting for the same funding Collaboration – trust is essential so don’t go and blow it Contractual Obligation – the Uni might owe it to the client but remember you are also obligated to the Uni Litigation – this is costly, stressful and to be avoided

5 Where the obligation is found (1) Confidentiality obligations will usually be in an Agreement – e.g. Confidentially Agreements – aka CDAs, PIAs, NDAs Research collaborations Sponsored research Studentships Consultancy MTA’s Software Licences

6 Where the obligation is found (2) By operation of the Law Information has quality of confidence about it It was imparted in circumstances that would reasonably make you realise the information was to be treated as confidential Your unauthorised use/disclosure of the information is to the detriment of the person who gave it to you TIP Do use this rule if you receive information Don’t rely on this if you are giving information

7 How are you obligated? As Staff – contract of employment & IP regulations As Student – IP regulations As an individual who has signed a confidentiality agreement / commitment By law – can be inferred from the situation that should treat as confidential Trust - want to continue in the academic community / doing collaborative work?

8 What does it mean in practice? (1) Do Keep confidential information safely Sign out of your computer Password protect documents/files Be careful when cutting & pasting Comply with any stipulations in the contract Keep all confidential info from one source on one project in a separate file Mark your information as “CONFIDENTIAL” Keep a record of everything you have disclosed THINK

9 What does it mean in practice? (2) Don’t Leave office unlocked and confidential information freely scattered across your office/desk Leave confidential information out when having a meeting Post information on a website Include others confidential information in your publication unless you have cleared it first Leave information on a train Reply all on an & attach Have too much to drink and shout it from your bar stool

10 What does it mean in practice? (3) You Can Discuss with the people you have permission to e.g. supervisor, colleagues & collaborating partners involved in the project (make sure they are also bound) Use for the purpose set out in the agreement e.g. carrying out of project / preparing a proposal Discuss your own information with your peers (just be careful who – remember the potential Patent)

11 What does it mean in practice? (4) You Can’t Use for something outside the purpose outlined in the agreement e.g. on a different project than the one they have agreed to… Publish without the owners permission Present their information without their permission

12 What does it mean in practice? (5) Publications May have to be delayed May have to remove certain information Theses Can be examined so you can get your PhD May have to be put on restricted access in the library

13 When should you instigate? As a general rule if you want to discuss unpatented inventions, know-how, intellectual property or other commercially sensitive/secret information with another person who is not an employee of the University get a CDA in place FIRST –New area of research –Collaborating on a project –Development funding –Spin out or licensing

14 How to instigate Staff Contact the person responsible for your school in R&IS (see penultimate slide) Students In first instance contact your supervisor Get him to contact R&IS as per above Only if this fails should you contact R&IS directly

15 If you receive an agreement (1) Agreements the University enters into: Contact the person responsible for your school in R&IS (see penultimate slide) They must be reviewed, negotiated &/or approved Signed by an Authorised Signatory – which is NOT you

16 If you receive an agreement (2) Agreements you sign but for a project you are doing at the University: Contact the person responsible for your school in R&IS (see penultimate slide) They will advise and possibly require the agreement to be with the University not you In any event they must be reviewed, negotiated &/or approved You should only sign if you personally are a Party

17 Who to contact for help? Before discussing Research or Consultancy work Contract Managers in Research and Innovation Support Office Before discussing Spin out/Licensing/Investment Business Managers in Research and Innovation Services h

18 Further Information Think your Research Group / School would benefit from a specific workshop on this? If so we would be pleased to assist so do get in contact. Tel: Internal Extension: 23095