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73523
Confidentiality
Description
Mind Map on Confidentiality, created by Chris Harper on 06/05/2013.
Mind Map by
Chris Harper
, updated more than 1 year ago
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Created by
Chris Harper
about 11 years ago
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Resource summary
Confidentiality
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.
A civil wrong e.g a Tort
Can also protect private material
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
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
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
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
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