Confidentiality

Question 1

BS What types of contracts have obligations of confidentiality?

Answer 1

1) written contracts

2) non-disclosure agreements for business deals

Question 2

BS Does automatic notices (like confidentiality notices below emails) have contractual obligations of confidentiality?

Answer 2

No. It is not a contract; just an agreement

Question 3

BS How to prove breach of confidence?

Answer 3

1) duty of confidence

2) breach: unauthorised use of information. Real/potential detriment to plaintiff

Question 4

BS How to determine if defendant has duty of confidence?

Answer 4

1) Info has necessary quality of confidence (inaccessible to public AND worth protecting; not trivial)
2) Info conveyed in circumstances importing obligation of confidence. May not require a contract. (Consider relationship, notice of confidentiality)

Question 5

BS What are 4 defences against breach of confidence?

Answer 5

1) Overriding public interest in disclosure
2) Misconduct exposed by disclosure
3) Plaintiff consents to disclosure (e.g. signed a waiver)
4) Information already in public domain

Question 6

BS What is the common law duty of confidence for photos like?

Answer 6

1) likely if: access restricted & not open to public
2) likely if: warning that photography is restricted
3) third part has duty of confidence if they knew/should know that info was confidential

Question 7

BS How is UK’s confidentiality law different?

Answer 7

When a disclosure is objectionable to the reasonable person, it can count as breach of confidence too.

Question 8

BS How to breach confidence for business concepts?

Answer 8

1) 4 Necessary qualities for duty of confidence
2) Unauthorised use

Question 9

BS For business concepts, what are the 4 necessary qualities for one to have duty of confidence?

Answer 9

1) Original
2) Identifiable as confider’s idea
3) Commercially attractive
4) Developed enough to be actualised (not vague)

Question 10

NGPT What must the plaintiff prove in a common law breach of confidence case?

Answer 10

The plaintiff must prove that the defendant had a duty of confidentiality regarding the information and that the defendant breached this duty, such as through unauthorized disclosure.

Question 11

NGPT What are the conditions under which information has the necessary quality of confidence?

Answer 11

Information has the necessary quality of confidence if it is both inaccessible to the public and worth protecting, not trivial.

Question 12

NGPT Situation In Naomi Campbell’s case, what was one key factor that established the duty of confidence?

Answer 12

The information was imparted to the discloser in circumstances importing an obligation of confidence, considering factors like notice of confidentiality and the relationship between the parties.
(More context)

Question 13

NGPT What relationships are recognized as having obligations of confidentiality?

Answer 13

Recognized relationships include employment, doctor/patient, lawyer/client, religious advisor/disciple, marriage, and friendship.

Question 14

NGPT When does a third party have a duty of confidence in a breach of confidence case?

Answer 14

A third party has a duty of confidence if the plaintiff can prove that the third party knew or should have known that the information was confidential.

Question 15

NGPT What is one of the defenses against a breach of confidence claim?

Answer 15

One defense is the overriding public interest in disclosure, where the information is of public importance, not just public curiosity.

Question 16

NGPT What was the outcome of the Campbell v Mirror Group Newspapers case regarding public interest?

Answer 16

The Mirror won the case, arguing that they were entitled to publicly set the record straight about Naomi Campbell’s character, as she had lied to the public.

Question 17

NGPT What did the Singapore case I-Admin v Hong (2020) establish regarding breach of confidence?

Answer 17

The case established that mere access to or acquisition of confidential information without the plaintiff’s consent is sufficient to prove breach, even without harm or detriment.

Question 18

NGPT What are the four necessary qualities for a business concept to have a duty of confidence?

Answer 18

The four necessary qualities are that the idea must be original, identifiable as the confider’s idea, commercially attractive, and developed enough to be actualized (not vague).

Question 19

NGPT How can confidentiality be implied in relationships?

Answer 19

Confidentiality can be implied in relationships when information is shared among spouses or friends, and if disclosed to third parties, courts often rule that circumstances import a duty of confidence.