Breach of Confidence in UK Law
-
A v B Plc and Another
“
The court is able to achieve this by absorbing the rights which articles 8 and 10 protect into the long-established action for breach of confidence. This involves giving a new strength and breadth to the action so that it accommodates the requirements of those articles.
-
Imerman v Tchenguiz and Others
“
It seems to us, as a matter of principle, that, again in the absence of any defence on the particular facts, a claimant who establishes a right of confidence in certain information contained in a document should be able to restrain any threat by an unauthorised defendant to look at, copy, distribute any copies of, or to communicate, or utilise the contents of the document (or any copy), and also be able to enforce the return (or destruction) of any such document or copy.
-
Seager v Copydex Ltd
“
It depends on the broad principle of equity that he who has received information in confidence shall not take unfair advantage of it. He must not make use of it to the prejudice of him who gave it without obtaining his consent. He should go to the public source and get it: or, at any rate, not be in a better position than if he had gone to the public source. He should not get a start over others by using the information which he received in confidence.
-
Douglas v Hello! Ltd (No 1)
“
Whether the resulting liability is described as being for breach of confidence or for breach of a right to privacy may be little more than deciding what label is to be attached to the cause of action, but there would seem to be merit in recognising that the original concept of breach of confidence has in this particular category of cases now developed into something different from the commercial and employment relationships with which confidentiality is mainly concerned.
-
Campbell v MGN Ltd
“
-
Primary Group (UK) Ltd and Others v The Royal Bank of Scotland Plc and Another
“
Either way, whether a person has notice is to be objectively assessed by reference to a reasonable person standing in the position of the recipient.
-
OBG Ltd and another v Allan and Others
“
As the law has developed breach of confidence, or misuse of confidential information, now covers two distinct causes of action, protecting two different interests: privacy, and secret ('confidential') information. In other instances information may be in the public domain, and not qualify for protection as confidential, and yet qualify for protection on the grounds of privacy. Privacy can be invaded by further publication of information or photographs already disclosed to the public.
-
Freedom of Information Act 2000
... ... the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for ... this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person ... ...
-
Equality Act 2010
... ... to contravening this Act includes a reference to committing a breach of an equality clause or rule ... the need to maintain public confidence in the qualification ... ...
-
Patents Act 1977
... ... in consequence of, the matter having been obtained unlawfully or in breach of confidence by any person— ... ...
-
The Trade Secrets (Enforcement, etc.) Regulations 2018
... ... is unlawful where the acquisition, use or disclosure constitutes a breach of confidence in confidential information ... (2) A trade secret holder ... ...
-
Breach of Confidence as a Privacy Remedy in the Human Rights Act Era
This article examines the impact of the Human Rights Act (HRA) on the current lack of a remedy for non‐consensual publication of personal information by the media. It argues that the action for bre...
-
Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act
This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited ‘horizontal’ applic...
-
New on the net
Cyberliability: generic term coined in the late 1990s for various types of legal liability arising from business use of the Internet and e‐mail including cyber‐libel, copyright infringement, breach...... ... Internet and e-mail including cyber-libel, copyright infringement, breach of confidence, negligent virus transmission, inadvertent contracts, ... ...
-
A Potential Framework For Privacy? A Reply To Hello!
In Douglas v Hello! Ltd (No 3), the Court of Appeal noted that one ramification of ‘shoehorning’ invasions of privacy into the cause of action of breach of confidence is that ‘it does not fall to b...... ... ‘shoehorning ’ invasions of privacy intothe cause of action of breach of con¢dence is that ‘it does not fall to be treated as a tort under ... ...
-
Horse betting company not liable for breach of confidence, but is liable for unlawful means conspiracy
Sports Information Services Ltd (SIS) was not liable for breach of confidence as it lacked notice that the information it received from a third party was communicated in circumstances importing an ...
- Breach Of Confidence And Infringement Of Database Rights
- Court Confirms Consultant's Breach Of Confidence
- Intellectual Property: Breach of ConfidenceMisuse of Private Information
-
T420)
Includes the refund form for claimants.... ... paid if the breach of your rights had not occurred and might, depending on the nature of the ... will be treated in the strictest confidence and will not form part of your case. It may be used ... for general ... ...