DEP-Public-Law
DEP-Public-Law-MOB

Ahmed Musabah Saeed Al Ketbi, Prof. Sam Suleiman Dallah

Public Administration's Responsibility for Damages Resulting from an Employee's Disclosure of Professional Secrets

The legislator has established protection for professional secrecy for public employees, in addition to the criminal protection of professional secrecy stipulated in the Penal Code. There is also civil protection for professional secrecy. The employee is asked about compensation for damages resulting from the disclosure of the professional secret kept by him. According to the determination of the type of error committed by the public employee regarding the disclosure of the professional secret, the person responsible for compensating the injured party for the damage he suffered or the loss of gain is determined. Accordingly, it was necessary to define the concept of personal error and the employee’s service error and to clarify the standards adopted by Egyptian and French jurisprudence and judiciary to differentiate between what occurs from the public employee of Personal errors and administrative errors and a statement of the images of each to determine the type of error represented in disclosing a professional secret. Based on this distinction, I concluded that the error committed in disclosing a professional secret may be a personal error that resulted from whims and desires within the employee that have no relation to the job he is doing. Here, the employee is asked about this error. The error may be related to the job performed by the employee, so the administration asks about compensating the injured party for the damages resulting from the disclosure of the professional secret. Liability against the state is based on the responsibility of the employer for the actions of his subordinate, on which the injured party can resort to the state and the employee at the same time for compensation.

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