Breach of Confidence

Question 1

Elements

Answer 1

• D obtained info about C in way which would give rise to privacy
• Info has quality of confidence
• Info was used in unauthorised way
• C suffers detriment as result

Question 2

Remedies

Answer 2

• Breach not yet taken place = injuction
• Breach already taken place = damages

Question 3

Defences

Answer 3

• Already in public domain (Douglas v Hello)
• Info wasn’t confidential
  –> Assumed confidential between husband and wife (Duchess v Duke of Argyll)
• Public interest (Max Mosely v News Group, Von Hannover v Germany, Weller v Associated Newspapers, Price of Wales v Associated Newspapers, Campbell v MGN)
  –> Public interest > confidentiality (SpyCatcher)
  –> What interests the public != what’s in the interest of the public