Duty of Confidentiality

Question 1

Breach of confidence

Answer 1

Information that was meant to be kept private is shared publicly - resolved with injunction if not shared yet or compensation

Question 2

1.

Answer 2

Information shared in a way which gives rise to duty of confidence (e.g. doctor/patient) Duchess of Argyll v Duke of argyll - includes marriage

Question 3

2.

Answer 3

Information has a ‘quality of confidence’ (HRH Prince of Wals v Associated Newspapers - diary entries included

Question 4

3.

Answer 4

Information is used in an unauthorised way (Campbell v MGN - wrongful disclosure of private information)

Question 5

4.

Answer 5

Claimant must suffer a detrimen as a result 5; Can arise within an employment contract

Question 6

McKennitt

Answer 6

Includes balancing exercise based on a ‘reasonable expectation of privacy’

Question 7

Flitcroft

Answer 7

Courts must consider significance of C’s public profile, are they already in spotlight

Question 8

Defences

Answer 8

Information already in public domain, information not confidential, or public interest in the disclosure (whistle-blowers defence)

Question 9

Photos and videos with info

Answer 9

Courts consider importance of photography and videos accompanying information e.g. paparazzi (von hannover v germany) or CCTV (Peck v UK)