privacy non-disclosure
Does an NDA with an outside party override a privacy agreement?
<p>If a privacy agreement on a web service states that it will not disclose your personal information to any outside party, can the information be disclosed to a third party under an NDA?  The NDA would be solely for the purpose of evaluating a potential business opportunity and would not allow disclosure or use of the information other than for the business opportunity evaluation.</p>

<h2>No</h2>
<p>You say you won't disclose personal information, therefore, you can't disclose personal information.</p>
<p>Now, if your privacy policy said &quot;We won't disclose your personal information except ...&quot; then, so long as you did the &quot;...&quot; that would be fine (subject to privacy law).</p>

<h2>You'd be in breach of contract</h2>
<p>The privacy agreement with the Data Subject DS is a contract. Unless your contract has a specific notion that allows you to give DS' information to a third party, you'd breach that contract by giving the information to a third party.</p>
<p>The mere existence of the NDA with a third party about DS' information would be evidence of an intent to breach, no matter if the information ever was given to the third party.</p>
<h2>Exceptions: Requirement under the law</h2>
<p>In some cases, your privacy agreement might need to follow laws that require disclosure of information. Such cases would be for example a financial service's reporting obligations about possible money laundering or to follow a court order that demands providing the cellphone information of DS from a service provider.</p>
<p>A Privacy agreement ought to carve out those requirements or mandatory reporting cases from the general no-disclosure stance.</p>
