The
tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
of breach of confidence is, in
United Kingdom law and the
United States law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
, a
common-law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prec ...
tort that protects private information conveyed
in confidence. 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, but it can also apply to relationships involving banks, hospitals, insurance companies, and many others.
There was no clear tort of breach of confidence in other common-law jurisdictions such as the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
or
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
; however, there is an
equitable doctrine of
breach of confidence. In {{cite bailii, litigants=
OBG Ltd v Allan, year=2007, court=UKHL, num=21 the Law Lords clarified that
Economic torts in English law do exist.
See also
*
Abuse of information
Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, ...
*
Misuse of private information
*
Breach of confidence in English law
*
United States free speech exceptions
References
External links
Breach of confidence in the UKPrivacy's Other Path: Recovering The Law Of Confidentiality Neil M Richards, Washington University School of Law;
Daniel J. Solove, George Washington University Law School
Tort law