Breach of confidence
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| Part of the common law series |
| Tort law |
|---|
| (Outline) |
| Trespass to the person |
| Property torts |
| Dignitary torts |
| Negligent torts |
| Principles of negligence |
| Strict and absolute liability |
| Nuisance |
| Economic torts |
|
| Defences |
| Liability |
| Remedies |
| Other topics in tort law |
|
| By jurisdiction |
| Other common law areas |
The tort of breach of confidence is, in United Kingdom law and the United States law, a common-law tort that protects private information conveyed in confidence.[1] 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 a breach of confidentiality depends on proving the existence and breach of a duty of confidentiality. Courts in the United States look at the nature of the relationship between the parties. Most commonly, breach of confidentiality applies to the patient-physician relationship,[2] but it can also apply to relationships involving banks, hospitals, insurance companies, and many others.[3]
There was no clear tort of breach of confidence in other common-law jurisdictions such as the United Kingdom or Australia; however, there is an equitable doctrine of breach of confidence. In OBG Ltd v Allan [2007] UKHL 21 the Law Lords clarified that Economic torts in English law do exist.
See also
[edit]- Abuse of information
- Misuse of private information
- Breach of confidence in English law
- United States free speech exceptions
References
[edit]- ^ "Breach of confidence".
- ^ Networks, Institute of Medicine (US) Committee on Regional Health Data; Donaldson, Molla S.; Lohr, Kathleen N. (1994). Confidentiality and Privacy of Personal Data. National Academies Press (US).
- ^ Solove, Daniel J.; Richards, Neil M. (2007). "Privacy's Other Path: Recovering the Law of Confidentiality". GW Law Faculty Publications & Other Works. 96: 123–182.
External links
[edit]- 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 J. Solove, George Washington University Law School