Article 10 - Duty of Confidentiality Flashcards
(8 cards)
1
Q
leading case
A
Coco v A N Clark
1
Q
1st part of Coco test
A
info must has the necessary quality of
confidence about it i.e. it is private
2
Q
2nd part of coco test
A
info must have been imparted in
circumstances with an obligation of confidence
3
Q
3rd part of coco test
A
there must be an unauthorised use of that
info
4
Q
case for defences/limitations to the duty
A
AG v Observer (Spycatcher case)
5
Q
1st defence
A
Info already in public domain
6
Q
2nd defence
A
Info is useless/trivia (not confidential)
7
Q
3rd defence
A
Public interest in disclosure (Axel Springer v Germany)