Privacy
Breach of Confidence:
Coco v AN Clark
Established 3 elements for breach of confidence:
1. That the information was of a confidential nature
2. That it was communicated in circumstances importing an obligation of
confidence
3. That there was an unauthorised use of the information
Spycatcher
Lord Goff:
There is such a public interest in the maintenance of confidences, that
the law will provide remedies for their protection.
D who is under a duty of confidence discloses information to T who
knows that D is under such a duty – renders T under duty too.
This includes: obviously confidential document picked up by passer-by,
secrets of importance to national security come into the possession of
members of the public.
Breach of Confidence:
Coco v AN Clark
Established 3 elements for breach of confidence:
1. That the information was of a confidential nature
2. That it was communicated in circumstances importing an obligation of
confidence
3. That there was an unauthorised use of the information
Spycatcher
Lord Goff:
There is such a public interest in the maintenance of confidences, that
the law will provide remedies for their protection.
D who is under a duty of confidence discloses information to T who
knows that D is under such a duty – renders T under duty too.
This includes: obviously confidential document picked up by passer-by,
secrets of importance to national security come into the possession of
members of the public.
