Purpose

A confidentiality agreement in law enforcement is a formal document that seeks to protect the
personal, sensitive and secretive information that law enforcement agencies deal with as a matter of
routine operations. A confidentiality agreement makes department-wide policies clear, in writing, for all
employees. It also specifies the requirements for disclosing information as needed in a way that is
consistent with local laws, including laws that protect citizens’ rights to information. Confidentiality
agreements help prevent disciplinary procedures for improper handling of information and help law
enforcement agencies avoid costly lawsuits. They also make investigations easier by withholding
information about police actions from the public.

Elements

Each police department’s confidentiality agreement is different. Some are simple one-page forms, while
others spell out more specific policies in detail. In any case, law enforcement confidentiality agreements
usually include some of the same elements. The first is a general description of what behavior is
prohibited. An agreement will also include a section dealing with the chain of command and the rights of
superiors to request information or order information to be withheld. More detailed agreements may
lay out guidelines for handling information in various forms, such as paperwork and electronic archives.
Confidentiality agreements typically require employee signatures and dates.

Coverage

Law enforcement confidentiality agreements cover a wide range of types of information, not all of which
is obviously sensitive or secret. Photographic evidence, police reports and information about ongoing
investigations all fall under a confidentiality agreement’s coverage. So too do things such as the names
of people who file complaints or offer evidence to law enforcement personnel. States protect the
identities of underage suspects by placing special restrictions on their personal information, which
confidentiality agreements also address as needed.

Exceptions

Certain circumstances require law enforcement professionals to go outside the normal procedures that
a confidentiality agreement requires. For example, if members of the press win court orders to receive
access to photographic evidence or police reports, police departments must obey these orders and
make the once-confidential information available. Law enforcement confidentiality agreements also
allow senior officers or administrators to request information that employees would otherwise need to
withhold.