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:
It may not have been advisable, but generally, there is nothing illegal about a company revealing the contents of a letter from a member of the public to another. A letter written to a company by a citizen is not classified as confidential, without other factors, such as a confidentiality agreement, involved.
The answer will depend in part on the type of information, whether it was obtained through the course of employment, and whether you have a confidentiality agreement with your company. Under the Uniform Trade Secrets Act, trade secrets are defined as follows:
""Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process that:
(1) derives independent economic value, actual or potential, from not being generally known to, and not being easily ascertainable by proper means, by other persons who can obtain economic value from its disclosure or use, and
(2) is the subject of efforts that are reasonable under circumstances to maintain its secrecy."
The Economic Espionage Act of 1996 (EEA). The EEA was in part modeled on The Uniform Trade Secrets Act (UTSA), a model law drafted by the National Conference of Commissioners on Uniform State Laws but expands UTSA's definition. The EEA definition of trade secret follows from Section 1838, paragraph (3):
"[T]he term 'trade secret' means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if—
"(A) the owner therefore has taken reasonable measures to keep such information secret, and
"(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public[.]"
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.
