Breach of confidence Flashcards
What Article does Breach of confidence come under?
Article 8
What must the defendant be to breach confidence?
In a position of trust or under contract to keep quiet.
What must happen for it to be a breach fo confidence?
The defendant was under a duty to not disclose personal information, but they did.
What must the defendant have?
A degree of confidence, obligation of confidence to the claiment and must have disclosed the information when it was unauthorised to do so.
When will the defendant not be liable for a breahc of confidence?
When it is in the public interest to know. Like a child TV presenter being a nonce etc. But it can’t be because the public was interested, like an affair.
What does a breach of confidence not cover?
Information already in the public domain. Like if one newspaper was the source that reported in the breach, and then multiple other newspapers then also report on that breach. The claimant can only sue the first newspaper/source, as once it is published it is in the public domain.
