FREQUENTLY ASKED QUESTIONS
43. CONFIDENTIALITY AND PEER REVIEW COMMITTEES
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Question: |
Is it ethical to disclose confidential information to a duly authorized professional peer review committee?
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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:
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An appraiser must be aware of, and comply with, all confidentiality and privacy laws and regulations applicable in an assignment.
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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)
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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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