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I’m not a lawyer so I’m cautious about commenting on things like NDAs which can be very complicated – but some general points.
Outside of very strict commercial considerations NDAs are positively evil and any opportunity to campaign against them seems justified to me and I’m sure such a campaign would gain media attention.
However a couple of things probably need to be taken into consideration.
1) If the organisation that was a Party to the NDA, no longer exists, there may be no legal way to enforce the specific NDA. It will all depend on the specifics, consulting a contract lawyer would be wise.
2) Some NDAs can be drawn up in such a way that it is a breach to acknowledge that the NDA even exists, so caution has to taken in how and by whom the existence of an NDA is revealed.
3) No NDA can block the reporting of criminal acts, and I suspect that in the US it would (on free speech grounds) be difficult to block the reporting of the fact that a criminal act had been reported to a relevant authority.
4) Despite Government promises in 2019 things are still pretty murky around NDAs in the UK and no new legislation will happen till after a general Election – progress unlikely for at least another year. Despite supposed specific protections whistle blowers still face a difficult time here, however a campaign on NDAs addressing all Prems related organisations might well collect some attention regarding HDSK which is the renamed UK Elan Vital. I don’t know whether there are UK folks with NDAs who could be released from them or who would speak up.
5) Just to be clear non of the Trustees of the Rawat orgs can use an NDA to inhibit their duty to the wider public.
So – yes I think a campaign around Rawat orgs NDAs would be great but some thought and legal advice needed first to ensure it could have a practical effect and that individuals are protected. Small print needs reading !!!
Modified by Nik at Thu, Apr 18, 2024, 13:28:40
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