How can a person waive privilege?

A person can waive privilege by disclosing information without a reasonable expectation of privacy. This means that if an individual shares information in a context where they cannot reasonably expect it to remain confidential, they may lose the protection typically afforded by the privilege. Once the information is shared in a way that undermines the expectation of confidentiality, the privilege is effectively waived, and the disclosed information can be used in legal proceedings.

In contrast, making communications publicly available might seem similar, but it specifically relates to the act of intention behind the disclosure. Simply sharing information without an expectation of privacy emphasizes the nature of the communication rather than the audience.

Signing a confidentiality agreement typically reinforces the expectation of privacy rather than waiving it. By agreeing to such an agreement, parties are acknowledging that they intend for the shared information to remain confidential.

Failing to respond to inquiries does not automatically equate to a waiver of privilege, as it may involve the scenario where an individual chooses to maintain their privilege rather than risk disclosing information. Thus, the correct response emphasizes the importance of the context and expectations surrounding communication when it comes to waiving privilege.