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Mind map

Confidentiality

Chris Harper English

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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

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Description
Mind Map on Confidentiality, created by Chris Harper on 05/06/2013.
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Chris Harper
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