(altizam almuazaf aleami bialmuhafazat ealaa alsiri alwazifi) ‎ "dirasat muqaranatin"

A Comparative Study

Abstract

The duty to maintain confidentiality is one of the most prominent legal and ethical obligations incumbent upon public employees in the performance of their duties. This duty plays a crucial role in protecting the public interest, ensuring the smooth running of administration, and maintaining citizens' confidence in state institutions. This duty entails refraining from disclosing any information, documents, or data obtained by virtue of their job, whether related to administrative, financial, or security secrets, even after the termination of their employment relationship. This comparative study examines the legal basis for this duty in a number of legislations, including Libyan, Egyptian, and French law, explaining how each legal system has regulated the boundaries of this duty and the penalties resulting from its violation, whether disciplinary, criminal, or civil. The study also examines the practical issues related to the limits of professional secrecy and the extent to which it conflicts with the principle of transparency and citizens' right to access information. It also considers cases of reporting corruption as legitimate exceptions to this duty. The study concludes that the duty to maintain professional secrecy represents an important tool for achieving a balance between protecting public interests and individual rights. However, the absence of a precise definition of professional secrecy in some legislation, and the vagueness of disclosure controls, may lead to unjustified restrictions on freedom of expression and community oversight. The study recommends setting clear standards and precise limits for this duty, in order to achieve professional discipline without infringing upon fundamental rights.