Breach of Confidence

Question 1

What are the elements for breach of confidence

Answer 1

• D obtained info about C, in a way giving rise to privacy
• Info was of a quality of confidence
• Info was used in unauthorised way
• C suffered detriment as a result

Question 2

What are the defences to breach of confidence?

Answer 2

• Info already in the public domain (Douglas v Hello)
• Info was not confidential (assumed confidentiality between husband and wife - Duchess v Duke of Argyll)
• Info was in the public interest (Max Mosely v News Group, Von Hannover v Germany, Weller v Associated Newspapers, Prince of Wales v Associated Newspapers, Campbell v MGN)
  –> Public interest outweighs confidentiality (SpyCatcher Case)

Question 3

What are the remedies for breach of confidence?

Answer 3

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