Disclosures Forbidden by Law and Evidentiary Privileges
Many privacy laws forbid disclosure using opt-in or opt-out rules: HIPAA and COPPA require opt-in consent; GLBA forbids disclosure if the individual has opted out. In litigation, evidentiary privileges (attorney-client, doctor-patient, spousal, Fifth Amendment) also bar disclosure.
Privacy laws forbid disclosures using opt-in or opt-out mechanisms. HIPAA and COPPA forbid disclosure to third parties unless there is opt-in consent (or another exception). GLBA forbids disclosure to third parties if the individual has opted out. Companies not covered by GLBA may still offer an opt-out, and breaking that promise can trigger Section 5 FTC Act enforcement.
Watch the direction: HIPAA and COPPA are opt-in (no consent, no sharing). GLBA is opt-out (sharing is allowed unless the person says stop). Mixing these up is a classic exam error.
Evidentiary privileges, generally defined under state law, also block disclosure. The Attorney-client privilege bars compelling an attorney to testify about a client within the scope of representation (with exceptions like client consent or preventing imminent physical harm). Doctor-patient, priest-penitent, and spousal privileges work similarly, and the Fifth Amendment privilege against self-incrimination applies nationally.