Engineering firms, client confidentiality and AI data licensing

How the NSPE Code's confidentiality canon, client contracts and defense-information rules shape what an engineering firm can license.

Last updated 2 sources cited1 min read

Short answer: The NSPE Code says engineers shall not reveal facts, data or information without the prior consent of the client or employer, except as authorized or required by law or the Code. Combine that with client contracts and, for defense work, DFARS 252.204-7012, and the licensable scope is mostly the firm's own records and methods.

On this page
  1. The professional duty
  2. Contracts and defense work
  3. What firms can look at
  4. Frequently asked questions
  5. Sources

The professional duty

Section II.1.c of the NSPE Code of Ethics: engineers 'shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this Code' (NSPE Code). State licensing boards have their own rules, so check yours.

Contracts and defense work

Many professional-services agreements make project data confidential. Defense contractors must provide 'adequate security' for covered defense information, with systems subject to NIST SP 800-171, and must report cyber incidents within 72 hours (DFARS 252.204-7012).

What firms can look at

  • Internal design standards, QA/QC checklists and training.
  • Proposal and project-management workflows with client data removed.
  • Records from projects where the client consented in writing.

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Is a public infrastructure project public data?

Some project records may be public, but your files usually include more than what's public, and your contract still applies.

Does stamping drawings change ownership?

Ownership comes from your contract and copyright law, not the seal. Check the agreement.

Sources

  1. NSPE Code of Ethics for Engineers (PDF)nspe.org
  2. DFARS 252.204-7012, Safeguarding Covered Defense Informationacquisition.gov

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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