Some breaches result from negligence, inadvertent disclosure, but many are due to malicious activity.
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The court emphasized that the plaintiff here bore the burden of proving non-waiver in the face of inadvertent disclosure.
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They haven't been allowed to make the claim in court because the government said that could lead to the inadvertent disclosure of sensitive military information.
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Sir William was certainly no less responsible (though he was readier to admit it) than was Mr Straw for the inadvertent disclosure of witnesses' names.
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The court agreed that the disclosure was inadvertent, which left the question of waiver.
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