Just an interesting addition to the whole discussion I think.
AI Overview
While Non-Disclosure Agreements (NDAs) aim to protect confidential information, there are common exceptions that allow for the disclosure of information under certain circumstances, including when the information is already public, known to the recipient before the NDA, received from a third party, or in cases of public interest or legal necessity.
Here are five common exceptions to the non-disclosure requirements:
Information in the Public Domain:
If the information becomes publicly available through no fault of the recipient, it's no longer considered confidential.
Prior Knowledge:
If the recipient already knew the information before the NDA was signed, it's not subject to the NDA's confidentiality obligations.
Information Received from a Third Party:
If the recipient obtains the information from a third party who was not under a confidentiality obligation, the NDA doesn't apply.
Court Order or Legal Requirement:
NDAs may be overridden by court orders or legal requirements that necessitate the disclosure of information.
Public Interest:
In some cases, there may be a public interest in disclosing certain information, such as in cases of illegal activity, public health and safety, or government transparency. NDAs cannot be used to prevent the disclosure of information that is in the public interest.
Clearly court orders can come into play in a number situations so even with non-discrimination an NDA might not pretect confidentiality as well as a married person might hope for. While I would expect it to be a very gray area I have to wonder just how far the "public interest" concept might go. For instance, the provider (or client) gets pissed and knows the other person is married. Does the SO have some form of public interest in the NDA covered information or could one argue that the specific case is actually a member of come class of relationships (marriage) that does represent a public interest?