The tort of breach of confidence is a common law tort that protects private information that is conveyed in confidence a claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence, and was disclosed to the detriment of the. Breach of confidence in order to establish an actionable breach of confidence, the complainant must prove (a) that the information conveyed was confidential, (b) that it was communicated in confidence, (c) that it was misused by the party to whom it was communicated, and (d) detriment to the complainant. In the 20th century, the law of breach of confidence has expanded due to the case of attorney-general v guardian newspaper , where lord keith.
The court of appeal has reversed the high court's decision to award ok magazine damages for the unauthorised publication of photographs of the wedding of catherine zeta-jones and michael douglas, but has upheld the couple's damages award. Francis gurry's renowned work, breach of confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. In a case brought by the motorsport racing team force india, the high court has provided a comprehensive review of the law on breach of confidence and the correct approach to quantification of damages in such claims. This 'breach of confidence' section of the annotation provides a detailed analysis of this complex area of law, including commentary on each of the elements necessary to establish a case for protection in equity of confidential information.
Breach of confidence meaning: a situation in which someone makes information known that they should keep secret: learn more. How to pronounce breach of confidence how to say breach of confidence listen to the audio pronunciation in the cambridge english dictionary learn more. Cam mccall on spycatcher (breach of confidence) element 2: circumstances give rise to an obligation of confidence where the reasonable recipient would believe that information was given in confidence. Protection of confidential information under common law •at common law, a plaintiff who alleges a breach of confidence must establish all of the. The information must have been disclosed in circumstances where there is an obligation of confidence (meaning, there was a direct promise to keep the information private, or the circumstances that make it clear that the information was intended to be confidential and not meant to be circulated widely without express consent) and.
Now, unless the defendant can claim a defence, where all three elements are satisfied the court will find that a breach of confidence has occurred now that the basic essence of the topic has been set out, each respective element will now be considered. The law of breach of confidence is a common law tort, meaning it is between individuals or businesses in a civil court and is designed to protect secret or commercially viable information. In practice, allegations of breach of confidence are more likely to be dealt with as complaints or disciplinary matters than by resort to the courts, although the option of legal action is always open.
So if an employee leaks a journalist confidential company documents and it's obvious that the employee isn't authorised to do so, it may well be a breach of confidence for the journalist to publish it further (unless there is a public interest defence. Breach of confidence is the breach of a duty which can give rise to a civil claim 1 breach of confidence will usually arise in connection with the disclosure of. My article in july's issue of wbn talked about the legal test to establish a breach of confidence in this follow-up article, i outline what remedies. Need to know: breach of confidence breach of confidence is a common law action which can be used in the event of threatened or actual disclosure of confidential information, whether such information is contained in documents or otherwise.
Breach of confidence revision the following is a plain text extract of the pdf sample above, taken from our intellectual property law notes this text version has. Definition of breach of confidence: a common law tort that protects private information that is conveyed in confidence a claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence, and was disclosed to the detriment of the. Breach of confidence if confidential information is disclosed (and is not protected under contract), there may still be an obligation of confidence between the parties this obligation is termed breach of confidence and falls under the court's equitable jurisdiction. The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence this paper places the action and the.