What does the term 'disclosure' refer to in the context of confidentiality?

The term 'disclosure' in the context of confidentiality specifically refers to the act of sharing or releasing confidential information to a third party without the consent of the individual or entity to whom the information pertains. This is a critical concept in both FERPA (Family Educational Rights and Privacy Act) and HIPAA (Health Insurance Portability and Accountability Act), as both laws emphasize the importance of protecting individuals' private information and outline strict guidelines regarding when and how information can be disclosed.

In scenarios where confidential information, such as student records or health records, is shared without proper authorization, it can lead to violations of privacy rights and can have serious legal ramifications. Understanding that disclosure means unauthorized sharing highlights the importance of maintaining strict controls over information and ensuring that consent is obtained whenever necessary before such information is shared.