Breach of Confidence Flashcards
1
Q
What is Breach of Confidence (BOC)?
A
- unauthorised use of confidential info
2
Q
What type of legal remedy is available for BOC?
A
- Equitable remedies
3
Q
What are the 4 elements for BOC?
A
- Info must have been specifically identified
- Info must have been of confidential nature
- Must have been received by defendant in circumstances that IMPORT an obligation of confidence
- Must be an actual or threatened misuse of the info`
4
Q
What happened in Engineer’s Case? (Coco)
A
- Coco designed Mop w defendant –> after negotiation’s failed –> def used design –> Overall Coco failed to show that info imparted was confidential in nature or unauthorised use of info was shown
5
Q
What are the 2 Defences for a Defendant?
A
- Public Interest
- Submission of the defendant’s as to iniquity –> the wrong must not be hindered in the public eye
6
Q
What are some Remedies for Plaintiff?
A
- Injunction
- Account for profits
- Damage for ‘mere distress’
- Potential available to s38 under of the Supreme Court Act 1986
- Delivery-Up
- –> Potential aggravated damages
7
Q
3 ways in which info is transmitted?
A
- Plaintiff deliberately confides the info to the defendant –> NO binding obligation of confidence if the info is blurted out in public
- Defendant improperly takes info from plaintiff (surreptitious taking) (e.g. using a phone to take photo from)
- Defendant chances upon the info (Document slips out of pocket, fan blows out)
8
Q
Are third-party’s regarded as primary wrong-doers?
A
Yes
9
Q
What is an exception to the 4th principal?
A
Government MUST show that it will harm public interest
10
Q
Does detriment need to be present?
A
No, as long as ‘breach of duty’ is present thats all –> Gummow J Smithline v Dept
11
Q
What are the 2 defences to breach?
A
- Publication of Public Interest
- Submission of the defence as to iniquity
–>
Firstly, demonstrate wrong-doing
12
Q
How is ‘Quality of Confidence’ (2nd element) broken up into 2 sub-topics?
A
- Sufficiently Secret
- Sufficiently Valuable
