43.         CONFIDENTIALITY AND PEER REVIEW COMMITTEES

 

Question:

Is it ethical to disclose confidential information to a duly authorized professional peer review committee?

 

Response:

Yes. However, the appraiser must be aware of and comply with applicable laws or regulations that would pertain to such disclosure. The Confidentiality section of the ETHICS RULE states, in part:

 

 

 

An appraiser must be aware of, and comply with, all confidentiality and privacy laws and regulations applicable in an assignment.

 

 

 

An appraiser must not disclose confidential information or assignment results prepared for a client to anyone other than the client and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized professional peer review committee except when such disclosure to a committee would violate applicable law or regulation. It is unethical for a member of a duly authorized professional peer review committee to disclose confidential information presented to the committee. (Bold added for emphasis)

 

 

 

Comment: When all confidential elements of confidential information are removed through redaction or the process of aggregation, client authorization is not required for the disclosure of the remaining information, as modified.

 

 

 

 

 

 

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USPAP 2008–2009 Edition
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