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Suppose you work for an email provider and you agree not to talk to law enforcement about your customers' data without a subpoena. Seems pretty legit to me.
If that communication was about a user talking at being at a cafe on a certain day and law enforcement knew that a murder went down at that cafe, then I think it's enforceable, probably. If you're reading your server logs and see (and believe genuine) an email arranging a murder then your employer couldn't restrict you from reporting it to law enforcement.
You can't be compelled to criminal activity by a contract and nor can you be prevented from reporting criminal activity by a contract. Trump could get everyone in Trump tower to sign whatever contract he wanted but if he sexually assaulted someone in the lobby he'd have no legal grounds to prevent someone from reporting it to the police.
I imaging that this scenario would be regulated by data protection laws and contracts, not by NDAs.
Does that imply that the NDA would spell out what they weren't supposed to talk to the police about, like customer records or something like that?
A blanket ban on speaking with the police would be pretty broad and likely stifle reporting of illegal activities.
That's what I had in mind, yes. A blanket ban sounds super shady.
Yknow, that's pretty reasonable. Thanks for a good example!