Breach of Confidence

Question 1

Coco v Clark

Answer 1

Necessary elements - (a) that the information was of a confidential nature, (b) that it was communicated in circumstances importing an obligation of confidence, and (c) that there was an unauthorised use of the information

Question 2

De Maudsley v Palumbo

Answer 2

Ratio of exclusion for vague information is not to place unjustifiable burden on recipient

Question 3

Seager

Answer 3

Springboard doctrine - information in the public domain

Question 4

Campbell

Answer 4

Reasonable expectation of privacy - if there is such an expectation, no information would be trivial. Wide disclosure does not mean that information would no longer be protected.

Question 5

Von Hannover v Germany

Answer 5

Approach of UK court vs ECtHR in this case - consideration of function of person and place of information

Question 6

Mosley

Answer 6

Information disclosed “merely to titillate the public” not protected

Question 7

Vidal-Hall v Google

Answer 7

Tort of misuse of private information. Claim against Google for circumventing Safari browser’s privacy settings. Exemplary damages would be available under new tort.

Question 8

Douglas v Hello!

Answer 8

Obligation of confidence can be licensed