Why aren’t Special Advisors made to sign NDA’s
Discussion
As per the heading really. Surely if youre in government and you employ one of these people part of their contract should include an NDA. I think we all know that Dominic Cummins is a sad bitter and vengeful little man (wonder who would employ such a s
t now, surely buggered his future with such rank disloyalty).
A privacy clause of some kind needs to be in their contracts and any breach they should be sued and gagged by the courts to make it so painful they’d better keep their mouths shut. I just don’t understand why such things weren’t already in place.
t now, surely buggered his future with such rank disloyalty).A privacy clause of some kind needs to be in their contracts and any breach they should be sued and gagged by the courts to make it so painful they’d better keep their mouths shut. I just don’t understand why such things weren’t already in place.
Enforcement would be incredibly difficult as well. Much of what Cummings has said has come out to a parliamentary committee, so would not be covered, and other things there would be a strong argument for public interest. Anything an NDA would legitimately cover is likely covered by Official Secrets Act or GDPR. NDAs are not a blanked “you can’t say anything to anyone” and Cummings, unlike most of us, probably has the money and friends to fight any court case.
There’s a bunch of other reasons I can think of, but may be nonsense (it’s been a while since I dealt with contract law, and my experience was in sales of goods and services, where NDA clauses are rare).
There’s a bunch of other reasons I can think of, but may be nonsense (it’s been a while since I dealt with contract law, and my experience was in sales of goods and services, where NDA clauses are rare).
elanfan said:
As per the heading really. Surely if youre in government and you employ one of these people part of their contract should include an NDA. I think we all know that Dominic Cummins is a sad bitter and vengeful little man (wonder who would employ such a st now, surely buggered his future with such rank disloyalty).
A privacy clause of some kind needs to be in their contracts and any breach they should be sued and gagged by the courts to make it so painful they’d better keep their mouths shut. I just don’t understand why such things weren’t already in place.
What about whistleblowing? Do you believe current and ex-employees should be able to blow the whistle?t now, surely buggered his future with such rank disloyalty).A privacy clause of some kind needs to be in their contracts and any breach they should be sued and gagged by the courts to make it so painful they’d better keep their mouths shut. I just don’t understand why such things weren’t already in place.
Electro1980 said:
Enforcement would be incredibly difficult as well. Much of what Cummings has said has come out to a parliamentary committee, so would not be covered, and other things there would be a strong argument for public interest. Anything an NDA would legitimately cover is likely covered by Official Secrets Act or GDPR. NDAs are not a blanked “you can’t say anything to anyone” and Cummings, unlike most of us, probably has the money and friends to fight any court case.
There’s a bunch of other reasons I can think of, but may be nonsense (it’s been a while since I dealt with contract law, and my experience was in sales of goods and services, where NDA clauses are rare).
All this. He was asked by the committee to provide the WhatsApp messages as evidence. Most of what he has said of any material value was during a very long and in depth committee meeting.There’s a bunch of other reasons I can think of, but may be nonsense (it’s been a while since I dealt with contract law, and my experience was in sales of goods and services, where NDA clauses are rare).
What cummings is releasing is in the public interest. Hancock is a muppet and the boss thinks so to, so when their is an inquiry its going to be hard for the PM to say he had had full confidence in the HS etc.
What Cummings is not doing is releasing secrets so he has not said where the nukes are, or released diplomatic cables like snowden etc. So I think an NDA is less useful in respect of what he has said.
What Cummings is not doing is releasing secrets so he has not said where the nukes are, or released diplomatic cables like snowden etc. So I think an NDA is less useful in respect of what he has said.
elanfan said:
Perhaps instead there should be a loyalty clause. Breach the loyalty and you have to repay your salary. Might not make much difference if the press pay him a lot for his stories.
I’d love it if he couldn’t get a job after this. Who would trust him?
Your loyalty shouldn't be to your boss, or to the Exec Directors (because they can be corrupt and self-interested). It should be to the shareholders and (in this case) that's the Electorate.I’d love it if he couldn’t get a job after this. Who would trust him?
Parliamentary privilege for select committees (and evidence released as requested by that committee I think)
"In practical terms this means that select committee witnesses are immune from civil or criminal proceedings founded upon that evidence; nor can their evidence be relied upon in civil or criminal proceedings against any other person."
So the privilege trumps any NDA, if I understand it correctly.
"In practical terms this means that select committee witnesses are immune from civil or criminal proceedings founded upon that evidence; nor can their evidence be relied upon in civil or criminal proceedings against any other person."
So the privilege trumps any NDA, if I understand it correctly.
poo at Paul's said:
Is it not covered by the Official Secrets Act?
I signed it in 1989, and it seemed to cover you for well, life, in respect of things you found out whilst there.
You don't need to sign it, it'a common myth. Everyone in the UK is bound by the OSA.I signed it in 1989, and it seemed to cover you for well, life, in respect of things you found out whilst there.
They get you to sign it to make a particular point that you are aware of act.
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