Confidentiality

Question 1

What types of contracts have obligations of confidentiality? (2)

Answer 1

1) written contracts

2) non-disclosure agreements for business deals

Question 2

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

How to prove breach of confidence? (2)

Answer 3

1) duty of confidence

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

Question 4

How to determine if defendant has duty of confidence? (2)

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

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

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

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

How to breach confidence for business concepts? (2)

Answer 8

1) 4 Necessary qualities for duty of confidence

2) Unauthorised use

Question 9

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)