Breach of confidence

Breach of confidence occurs when confidential information, as shared between parties in a manner which is confidential, is shared with a third party in breach of that duty of confidence. What imposes the duty to protect the information in a breach of confidence case is a pre-existing confidential relationship between the parties.

The case of Coco v A.N. Clark involved the claimant looking to bring a new form of moped to the market, parts of which were then sourced from a third party in breach of obligations of confidence. This case underpinned the three elements of the tort and highlights the most common scenario breach of confidence claims arise in; those involving business secrets and negotiations.

In relation to privacy breach of confidence tends to cover confidential conversations and communications where the nature of the information itself attracts a reasonable expectation of privacy. This may relate to communications with lawyers or medical professionals, for example.

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