Breach of confidence

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The tort of breach of confidence is, in United Kingdom law and 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, communicated in confidence and disclosed to the detriment of the claimant.

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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

References

  1. ↑ "Breach of confidence".
  2. ↑ Institute of Medicine (US) Committee on Regional Health Data Networks; Donaldson, Molla S.; Lohr, Kathleen N. (1994). Confidentiality and Privacy of Personal Data. National Academies Press (US).
  3. ↑ 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.
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