Legal Question in Constitutional Law in Texas

Re: Facsimilies and confidentiality

Unless you are a lawyer, nothing is confidential unless you make it so.

Sending a fax blows the expectation of privacy in the business setting, as you have no control over who will see it on the receiving end and, knowing this, and chosing to do so anyway, kills the expectation.

If you require confidentiality you must send the message in a way which ensures that it will be so, such as certified or registered mail.

We routinely claim confidentiality in the cover pages of our faxes, but we advise clients that it is impossible to maintain such in the daily business setting and that they should expect that others will read the fax. If that is unacceptable, then use other means.

Emails likewise.