As an attorney who works on such confidentiality agreements, I'd suggest that 
if  your institution doesn't have a policy of requiring such agreements, they 
ought to consider them.  Although much of the same information would be 
protected under an employee's duty of loyalty (yes, even to a former employer), 
such agreements serve to reinforce the idea that confidential information stays 
confidential even after an employee leaves.  I suspect that most museums would 
not be pleased if the "internal" information Amalyah mentions was disseminated 
to other museums or organizations without their permission.

In the United States, laws on confidential information vary greatly by state.  
In Virginia, for example, the state supreme court ruled at one point that 
although employees could not take customer lists with them when they left a 
company, they were free, in the absence of an agreement to the contrary, to 
reconstruct as much of the customer list as they could from their own memories 
and to solicit those customers on behalf of their new employer.

In most industries and professions, for employees that work with sensitive 
information, we generally recommend confidentiality agreements, and sometimes 
(depending on the nature of the work done) we recommend noncompete or 
nonsolicitation agreements as well.  We also recommend that those same 
agreements indicate that the employer doesn't WANT information that a former 
employer considered confidential, and that the employee shouldn't disclose such 
information to them.

Kevin Grierson

Kevin W. Grierson
Willcox & Savage, P.C.
1800 Bank of America Center
One Commercial Place
Norfolk, Virginia 23510

mailto:[email protected]
ph: 757/628-5603  fx: 757/628-5566
http://www.wilsav.com

>>> [email protected] 03/14/02 08:02AM >>>
Do any of you work in institutions that require you to sign a "secrecy" 
agreement?  To the effect that you will not give other institutions "internal" 
information (research notes, donor lists, unpublished new acquisitions)?  Or do 
you have any policies on that?



amalyah keshet
head of image resources & copyright management
the israel museum, jerusalem
[email protected] 
tel +972-2-670-8874
fax +972-2-670-8064
www.imj.org.il 


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