last para passing off Flashcards

1
Q

explain para 4 breach of confidence

A

in her research paper, tanya aplin states that after the decision in Veolia, article 1 of the first protocol of the ECHR appears to embrace confidential information as property. she goes on to say that this conclusion is surprising given the historic attitude towards this issue. ir is agreeable that she would be surprised here considering uk precedent. however, the veolia case takes on confidential information from a human rights perspective so it highlights an important balancing act in the public sector as well as an adaptation to breach of confidence. the case represents a new approach to retrieving information which may not have been accessed through freedom of information. thus developing the law to better serve the public by highlighting which areas of confidential info can become intellectual property.

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