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The common law imposes a duty of loyalty and fidelity upon all employees.

This duty arises from the contract of employment, but may also arise from a fiduciary obligation where the employee is in a special position of trust and confidence. The duty of fidelity requires that an employee must not use information obtained in the course of his or her employment to the detriment of the employer. The formulation of the duty is necessarily imprecise because of the variety of issues to be considered before using government information, including: the nature of the information and whether or not it is publicly available; the nature of the office held; the possible effects of allowing its use in the circumstances of its use; the actual or likely consequences of that use; and the public interests which might justify or deny the use.

it is essential that employees adhere to high ethical standards that maintain and foster public confidence. Recognition and documentation of these standards will ensure continued public confidence in the impartiality and integrity of the public service. Each employee, before being paid any remuneration, must swear or affirm the following Oath of Office and Secrecy: I, __________, solemnly and sincerely swear that I will faithfully and honestly fulfill the duties that devolve upon me by reason of my employment and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such employment. So help me God. OR I, __________, solemnly affirm and declare that I will faithfully and honestly fulfill the duties that devolve upon me by reason of my employment and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such employment. Employees must not use, and must not appear to use, confidential information or their ability to access such information for the purpose of furthering their own interests or those of their immediate family, relatives, friends, business associates or former business associates. Employees shall: a) Not use confidential information to confer a personal benefit on themselves, a member of their immediate family, a relative, friend, business associate or former business associate b) Not improperly disclose confidential information acquired in the course of performing official duties and c) Avoid circumstances where they could confer, or appear to confer a personal benefit on themselves, a member of their immediate family, a relative, friend, business associate or former business associate through the use of confidential information. In circumstances where an employee, or a former employee, believes that they may be asked to or required to disclose confidential information, or breach their contract, or disclosed confidential information, the employee or former employee shall notify their Deputy Head, or, in the case of former employees, the Deputy Head of their former Department, in writing of the circumstances and request clarification of their obligations.

Disclosure of confidential information and/or failure to comply with the Oath of Office and Secrecy could result in disciplinary action up to and including dismissal. Certain interests held by an employee are also exempt from disclosure by employees in that they are not deemed to give rise to a conflict of interest, specifically: a) the interest is one of general public application b) the interest affects an employee as one of a broad class of persons or c) the interest is so remote or insignificant that it cannot be regarded as likely to influence the employee.

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