8. privacy: breach of confidence

breach of confidence definition +source

the right of an individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information [calcut committee report 1990]

test of breach of confidence +case

there is a breach if: [coco v an clark 1968]

1. the information exists which has the ‘necessary element of confidence about it’

2. d could be said to be obliged to keep the information confidential

3. ’unauthorised use’ of info was made by d

4. defence of public interest

coco v an clark 1968 +rule

• court may not order an injunction if C is not themselves using the info

• D disclose details of moped engine designed with the plaintiff

• D made similar mopeds

• no injunction is not enough similarities between mopeds with the leaked info

attorney general v guardian newspapers (no2) 1990 +duty quote judge

• lord goff: ‘Duty of confidentiality exists when confidential information comes to the knowledge of a person in circumstances where he has noticed or is held to have agreed that the information is confidential’

• Former MI5 agent published by catch a book with information about his time as an agent

• the Sunday Times and published an extract

• held publication against public interest and national security should prevail injunction sought

kaye v robertson and sport newspaper 1991 +quote judge

• Griffiths J ‘a monstrous invasion of his privacy yet alone however gross does not entitle him to release in English law’

• Kay sustained injuries from a car accident

• journalists tried to interview K from his hospital room despite no entry sign is

• held no recognise right to privacy instead malicious falsehood was held an injunction granted

venables v ngn 2001

• Right to life of C may be taken into account as it was likely JV/RT would suffer harm

• injunction impose contra Mundum to prevent disclosure information after the location of identity of John Venables/Robert Thompson

doughlass v hello 2005

• Celebrities enter contract with OK to publish photos of the private wedding

• photographer snuck in and saw pictures to rival hello

• there was a breach of confidence as there was an obligation of confidence as the nature of how the photos were taken a secret and the wedding was publicised to be private