Breach of Confidence

What is Breach of Confidence in Tort Law?

Quick Definition

Breach of confidence occurs where confidential information is disclosed or used without permission in circumstances where it should have remained private. It is an equitable action rather than a traditional tort, but it closely overlaps with privacy law and commercial protection. The law aims to preserve trust and prevent unfair misuse of sensitive information.

In Context

A claim for breach of confidence usually requires three elements: the information must have the necessary quality of confidence, it must have been shared in circumstances importing an obligation of confidence, and there must be unauthorised use or disclosure causing detriment. In Coco v A N Clark (Engineers) Ltd (1969), these principles were clearly outlined and remain central to modern claims. Breach of confidence commonly arises in employment disputes, trade secret cases, and personal privacy matters, such as leaking private communications or confidential business plans. The doctrine has also influenced the modern tort of misuse of private information, especially after the Human Rights Act 1998 strengthened privacy protections. Remedies may include injunctions, damages, or orders preventing further disclosure, particularly where publication would cause irreversible harm. Courts balance confidentiality against competing public interests, including freedom of expression and whistleblowing concerns.

See Also

• Misuse of Private Information

• Fiduciary Duty

• Human Rights Act 1998

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