Confidentiality

KEY CASES

Coco v A N Clark-

1. Information must have necessary quality of confidence (new to public)

2. Recipient must have known that the info was confidential, has necessary ‘quality of confidence’

3. Must be used in an unauthorised way

AG v Observer-

Info given in public should still be protected to prevent its spread

Key Cases

Data Protection Act (1998):

• ________

GDPR:

• ________

HRH Prince of Wales v Associated Newspapers-

• cannot publish material without permission, freedom of press doesn’t override sender’s right to privacy

Mosely v News Group Newspapers

• C suffered a detriment from the use

SundayTimes v UK-

• If in public interest then can share confidential info

Goodwin v UK-

• journalists do not have to reveal their sources, due to potential “chilling effect” it may cause

Medical Info-

• should always be confidential unless NOT Gillick Competence

DEFENCES

Attorney General v Observer-

• 3 Limitations:

1. Duty only applies when info is confidential

2. Duty does not apply to useless info/trivia

3. there may be some public interest that favours disclosure

RIPA (2000)-

• surveillance law includes; grounds/authority/mechanisms for challenge of that use of surveillance

S32(2a)-

• allows for use of intrusive surveillance when necessary for

a) interest of national security

b) for purpose of detecting serious crime

c) interest of economic well-being of UK

Proportionately used

IPA (2016)-

• framework for using surveillance techniques

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