Full question:
I wrote a letter as a private citizen, about a piece of medical equipment I am considered an expert in the use of, and have been using similar equipment, for over 30 years. I wrote the letter to the manufacturer of the equipment in regards to how I believe the equipment was poorly designed and can possibly lead to testing errors. I wrote the letter as a concerned professional user, not as a representative of the company I work for. The manufacturer gave a copy of my private letter, to my employer, who instead of focusing on the design problem, is unhappy with me for writing the letter, saying it may be 'Proprietary' in nature. My question is: is this a case of proprietary information misuse, and should the manufacturer have given a copy of my private letter, written as a private citizen, to the company I work for?
- Category: Employment
- Subcategory: NonCompete Agreement
- Date:
- State: Pennsylvania
Answer:
While it may not have been advisable, there is generally nothing illegal about a company sharing a letter from a member of the public with another party. A letter written to a company by a citizen is not considered confidential unless there are specific factors, such as a confidentiality agreement, involved.
The determination of whether your letter contained proprietary information depends on the nature of the information shared, how it was obtained, and whether you have a confidentiality agreement with your employer.
Under the Uniform Trade Secrets Act, a trade secret is defined as information that:
- Has independent economic value from not being generally known or easily ascertainable by others, and
- Is subject to reasonable efforts to maintain its secrecy.
The Economic Espionage Act of 1996 (EEA) expands on this definition, covering various forms of information, including technical and scientific data, provided reasonable measures have been taken to keep it secret and it has economic value (15 U.S.C. § 1839).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.