Breach of confidence
From Wikipedia, the free encyclopedia
The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence, and was disclosed to the detriment of the claimant.
Establishing breach of confidentiality depends on proving the existence and breach of a duty of confidentiality. Courts in the US look at the nature of the relationship between the parties. Most commonly, breach of confidentiality applies to the patient-physician relationship but it can also apply to relationships involving banks, hospitals, and insurance companies and many others.
[edit] External links
- Breach of confidence in the UK
- Breach of confidence in Canada
- Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M Richards, Washington University School of Law; Daniel Solove, George Washington University Law School
BREACH OF CONFIDENCE 3 ESSENTIALS 1. Information betrayed must have NECESSARY QUALITY OF CONFIDENCE
a) Dutchess of Argyll v Duke of Argyll (intimate aspect of marriage)
b) Campbell v Mirror Group Newspaper (Naomi Campbell, drugs)
c) Ash v McKennitt (biography, folk singer)
d) Mr. ‘X’ v. Hospital ‘Z’ (AIDS)
2. It must have been IMPARTED IN CIRCUMSTANCES WHICH CREATES ON OBLIGATION OF CONFIDENCE
a) Zee Telefilms Limited and Another Vs. Sundial Communications Private Limited & Ors. (Kanhaiyya, krish,kanhaiyya, Sony Entertainment Television)
b) Mr. Anil Gupta and Another Vs. Mr. Kunal Dasgupta and Others (P’s reality TV show, Swayamvar, D’s ‘Shubh Vivah’)
3. It must be USED IN AN UNAUTHORIZED MANNER AND TO THE DETRIMENT OF THE CONFIDER.
a) Prince Albert v. Strange (royal family caricature)
b) Douglas v Hello (C. Zeta-Jones, Ok magazine)
It is no defence that the defendant did not know that he was misusing the confidential information.
