Confidentiality Flashcards
What does the human rights act section 12 state about public interest defence in breach of confidence?
That public interest must be considered regarding confidential information in a matter of affecting freedom of expression.
What are breach on confidence defences?
Publication is in the public interest e.g.
Information did not have ‘necessary quality of confidence’- was trivial or in public domain
What is breach of confidence used for?
Used to protect confidential information
Contents of leaked documents
Commercial information
Also used by celebrities and politicians against media.
What do civil courts look at for breach of confidence?
Quality of confidence- not trivial or already in public domain
The Obligation of confidence- employees, personal relationship or gained unethically
Detriment- financial loss or effect on health
What are the remedies for a breach of confidence?
Sue the publisher/employee
Seek a court order for the material to be given back
Ask the published to reveal the source
Injunction- to stop publication
Injunction
An injunction is a court order stating that a company must do something or seize from doing a certain action.
When can the court order to reveal the source?
the interests of justice
national security
for the prevention of disorder or crime
Why can it be considered ethically wrong to give up a source?
you have promised confidentiality…
The source could be sued for damages, sacked or even jailed (if official secrets or misconduct in public office).
“Journalists have a moral obligation to protect confidential sources of information” - clause 14 Editors’ Code.
What practical steps should journalists take to protect sources?
- Source’s details should not be kept anywhere they might be found
e. g. use untraceable pay-as-you go phones, avoid contact via email
