Breach of confidence in English law
Encyclopedia
Breach of confidence in English law is an equitable
Equitable
-Companies:*Scottish Equitable, is an investment company located in Edinburgh*Equitable PCI Bank*The Equitable Life Assurance Society, life insurance company in the United Kingdom...

 doctrine which allows a person to claim a remedy where their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances where it would be unfair if it were disclosed to others. Breach of confidence gives rise to a civil claim. The Human Rights Act has developed the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

on breach of confidence so that it now applies to private bodies as well as public ones.

English courts will recognise a breach of confidence if the following three things are present:
  • The information has “the necessary degree of confidence about it”
  • The information was provided in circumstances importing an obligation of confidence
  • There was an unauthorised use or disclosure of that information and, at least, the risk of damage
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