Confidentiality

Confidentiality

1. An employee has a right to protect commerically sensitive information they create

   • If given to a rival company, that is breach of confidence
     • A media organisation could be sued if it publishes leaked info.

2. A civil wrong e.g a Tort

3. Can also protect private material

4. Elements needed in Breach of Confidence

   • The information must have the 'neccessary quality of confidence'
     • DOES NOT cover something in the public domain or trivial
     • Remember it as N.Q.O.C
   • The information must have been imparted in circumstances imposing an obligation of confidence
     • Contractual relationships e.g Employer/employee
     • Personal relationship
     • Unethical behaviour
       • E.g Journalists getting info unethically like trespass, theft etc where confidence is owed to the victims
     • O.O.C
   • Unauthorised use of that information to the determent of the party communicating it
     • Financial loss, commercially sensitive info, someone's health or wellbeing

5. Injunctions

   • High Court can grant a temporary injunction to stop publishing confidential info.
     • Disobeying can result in contempt or court and unlimited fine
   • Can be used to stop something being leaked before the case is heard
     • Only if the claiment is 'likely' to establish at the trail that the publication should not be allowed
   • Section 12 of the Human Rights Act 1998 which protects against injunctions
     • S12 says that if a defendant is not present when the application is made, a injunction should grant an injunction
   • One injunction to rule them all
   • Does not prevent publication in another country

6. Legal remedies for breach of confidence

   • Ask a judge to impose an injunction to stop it being published again
   • Court order for the confidential material to be given to the claimant or destroyed
   • Sue the defendant for damages or 'account of profits'
   • Ask a judge to order the publisher to reveal the source of the information so that they can be sued/prevent more information being disclosed

7. Defences

   • Does not have the 'N.Q.O.C'
     • Trivial or not to cause detriment
       • Already in the public domain
   • In the public interest
     • S12 says the court, when considering imposing a injunction, it must have regard to the public interest to publish the material