Breach of confidence

Question 1

What 3 things must a claimant prove?

Answer 1

1) Information has a “necessary quality of confidence”
2) The information was obtained in private circumstances
3) Defendant made an intent to publish it unauthorised

Question 2

What is confidential information?

Answer 2

If a reasonable person would consider it as confidential or private and it is important information

Question 3

Can information stop being confidential over time?

Answer 3

Yes

Question 4

Can photos be a breach of confidence?

Answer 4

Yes

Question 5

What is more likely to be privacy?

Professional relationships
Personal relationships

Answer 5

Personal relationships

Question 6

True or false?

When an employee signs a contract - they can’t do anything that would damage their employer’s interest - even if there isn’t a confidentiality clause.

Answer 6

True

Question 7

What act stops government employees from sharing information?

Answer 7

The Official Secrets Act 1989 or the law of confidence

Question 8

Does The Official Secrets Act 1989 apply to the media?

Answer 8

No

Question 9

What are the 3 defences?

Answer 9

1) Consent
2) Information in the public domain
3) Public interest

Question 10

What’s the difference between public interest and public interest in government stories?

Answer 10

Public interest: The media shows disclosure is in public interest

PI gov: Government shows that disclosure would cause harm to the public interest

Question 11

What are the 2 remedies?

Answer 11

1) Order for delivery up

2) Account of profits