Haining Wu is a student in the GDipICL Program at Queen's University hoping to become licensed as an immigration consultant in the future. She is studying the Code of Professional Conduct for the College of Immigration and Citizenship Consultants Licensees [Code] regarding requirements to maintain client confidentiality under section 28 of the Code (See section 28 below). Haining tells the class she has seen various ads and videos on Tik Tok and other Chinese social media where RCICs are talking about their successful cases. For example, one RCIC posted a video about a difficult study permit he was able to obtain for a client. He included some facts about his client such as age, education, country of origin but only his first name.

Will this be considered a breach of confidentiality? Under what circumstances could this disclosure be permissible?

Using the CREAC framework for legal writing, write a 200-word response (25 words) to the scenario above. Your response should draw on relevant ethical principles and the Code of Professional Conduct to explain how you would address the issue presented.

In your answer, be sure to:

• Clearly articulate the ethical issue or issues that arise(s) from these facts
• State your conclusion to the ethical issue(s) presented.
• State the ethical principle(s) on which you rely and identify the authority or authorities from which they are drawn. You do not need to provide specific section references or cite correctly. You will not lose points for paraphrasing an ethical principle, provided you do so accurately.
• Apply the relevant Code sections to the facts set out above to show how you reached your conclusion. Do not make up any facts.

Obligation of confidentiality

28 (1) A licensee must keep confidential all information in relation to a client or former client, or a client's or former client's business affairs, that was acquired in the course of their professional relationship with that client and take the measures that are necessary to maintain the confidentiality of that information indefinitely.

Disclosure of confidential information

(2) A licensee must not disclose any information referred to in subsection (1), or allow such information to be disclosed, unless the disclosure is

(a) authorized by the client; (b) required or authorized by law; [...]