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Breach of confidentiality6/29/2023 the information was provided in circumstances importing an obligation of confidence and.the information has "the necessary degree of confidence about it".For an action for breach of confidence to be successful it must be established that: Therefore, if in doubt you should seek legal advice from the Legal Adviser's Office.Ĥ. 8 of the European Convention on Human Rights (dealing with the right to privacy) has reshaped the action for breach of confidence so that it now protects the misuse of private information 3. However, the law governing breach of confidence is complex and continues to develop to "reflect changes in society, technology and business practice" 2. Breach of confidence will usually arise in connection with the disclosure of information which has a commercial value, but can also include personal information about individuals.ģ. Breach of confidence is the breach of a duty which can give rise to a civil claim 1. A duty of confidence arises when confidential information comes to the knowledge of a person (including public authorities such as HSE) in circumstances where it would be unfair were that information to be disclosed to others (eg because the recipient of the information was on notice, or had agreed, that the information was to be so treated).Ģ. English law also provides remedies for breach of confidence.
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