Article 10 - Duty of Confidentiality Flashcards

(8 cards)

1
Q

leading case

A

Coco v A N Clark

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1
Q

1st part of Coco test

A

info must has the necessary quality of
confidence about it i.e. it is private

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2
Q

2nd part of coco test

A

info must have been imparted in
circumstances with an obligation of confidence

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3
Q

3rd part of coco test

A

there must be an unauthorised use of that
info

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4
Q

case for defences/limitations to the duty

A

AG v Observer (Spycatcher case)

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5
Q

1st defence

A

Info already in public domain

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6
Q

2nd defence

A

Info is useless/trivia (not confidential)

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7
Q

3rd defence

A

Public interest in disclosure (Axel Springer v Germany)

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