Jump to content

Breach of confidence in English law

Add links
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Legis (talk | contribs) at 12:20, 11 August 2017 (Minor corrections). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Breach of confidence in English law is an equitable doctrine which allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others.[1] Breach of confidence gives rise to a civil claim. The Human Rights Act 1998 has developed the law on breach of confidence so that it now applies to private bodies as well as public ones.[1]

English courts will recognise a breach of confidence if the following three things are present:

  • The information has “the necessary degree of confidence about it”
  • The information was provided in circumstances importing an obligation of confidence
  • There was an unauthorised use or disclosure of that information and, at least, the risk of damage

See also

References

  1. ^ a b http://www.hse.gov.uk/enforce/enforcementguide/court/reporting-breach.htm

The law commission (1981). Breach of confidence (PDF). Her Majesty's stationery office. Retrieved 2016-10-10.

Stub icon

This article related to English law is a stub. You can help Wikipedia by expanding it.

Retrieved from "https://en.wikipedia.org/w/index.php?title=Breach_of_confidence_in_English_law&oldid=795008521"