Duty of Confidentiality

Question 1

Relevant for?

Answer 1

a.8 and 10

Question 2

What needs to be proven for a successful claim:

Answer 2

What needs to be proven for a successful claim:

 Information was given in a way which gives rise to a duty of confidence (e.g. financial details to an accountant or medical details to a doctor or within a personal relationship)

 It must have a ‘quality of confidence’

 It can arise within an employment contract

 It must be used in an unauthorised way

The claimant must suffer a detriment from the use of the information

Question 3

Defences to a claim here:

Answer 3

Information is already in the public domain 

 Information was not confidential

 There is a public interest in the disclosure (whistle-blowers defence)

Question 4

Consider significance of person

Answer 4

Flitcroft - role model