Engineers may often be confronted with competing duties of confidentiality, especially between clients or other engineering professionals.  How can you establish which confidentiality rules apply and when they take precedence over other ethics rules?  To whom does the engineer owe confidentiality?

In the February 2025 SEU session, Matthew Rechtien, PE, Esq., from Walter P Moore, presented Mum’s the Word: 2025 Engineering Ethics Update: Engineers’ Duty of Confidentiality.  Matt explained the origins of, and policies behind, engineers’ duty of confidentiality.  He described common applicable confidentiality rules and their common features and he demonstrated how to apply such confidentiality rules.

Matt noted that engineers may be subject to multiple jurisdictions in regard to ethics rules, such as state board rules as well as professional member organizations.  These rules may differ, thus, engineers should educate themselves on their individual responsibilities in regard to their duty of confidentiality to their clients and the public.

To hear Matt’s thought process, as he walks through a possible example of an engineer facing a confidentiality quandary, click on the video below:

Matt’s algorithm of questions can be especially useful when faced with competing rules or tension between competing loyalties.  Click on the slide below to print your own copy to use when comparing the various confidentiality rules which may apply to your unique situation or state.  Click on these links to access NSPE’s Code of Ethics, which addresses confidentiality in Section III.4, and Section 4e in ASCE’s Code of Ethics.  State laws will vary on this issue, so engineers should take care to spot potential conflicts to avoid disclosing or unethically using confidential information.