Originally Posted by
henkybaby
I wonder if it is different if disclosure is by accident (like in the case of the ventilator) or by carelessness. Always an opportunity to learn...

It may make a difference to the culpability of the person who is responsible for the confidential material getting into the hands of the third party, but it makes no difference to the third party's liability which depends solely on his/her knowledge/suspicion/belief of the confidential nature of the material and the circumstances in which s/he obtained it.