Breach of confidence
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The tort of breach of confidence is, in United Kingdom law and the 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, which was communicated in confidence and was disclosed to the detriment of the claimant.
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 Template:Cite bailii the Law Lords clarified that Economic torts in English law do exist.
See also
- Abuse of information
- Misuse of private information
- Breach of confidence in English law
- United States free speech exceptions
References
External links
- Breach of confidence in the UK
- Breach of confidence in Canada
- Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M Richards, Washington University School of Law; Daniel J. Solove, George Washington University Law School