breach of confidence


Also found in: Wikipedia.

breach of confidence

an act or omission that infringes the obligation of confidence. This obligation is difficult to classify. Many obligations of this kind arise from contract, express or implied. It may be a tortious or delictual obligation or it may be completely SUI GENERIS, founded on equity. The general rule is that anyone is entitled to communicate anything he pleases to anyone else, by speech or in writing or in any other way. On the widest view, however, if information is imparted in circumstances from which it is clear it was confidential, the recipient comes under an obligation not to impart it. Others receiving the information from this primary confidant may come under a similar obligation. The wrongfulness in the conduct may make it possible for a claim restitution to succeed, making the person revealing the information liable to account for profits. In England the wrong has been extended to cover the dissemination of personal information, thus coming close to being a tort of invasion of privacy.
References in classic literature ?
Would it be any breach of confidence, Marchioness, to relate what they say of the humble individual who has now the honour to--?
I have a right to complain of it as almost a breach of confidence.
Mrs Nickleby,' said that excellent gentleman, lowering his voice, 'there is the most trifling, the most excusable breach of confidence in what I am about to say; and yet if my friend Pyke there overheard it--such is that man's delicate sense of honour, Mrs Nickleby--he'd have me out before dinner-time.
No, no: that would be a breach of confidence, wouldn't it, Helen?
The 46-year-old Doctor Who and Broadchurch star was among six people who settled claims against News Group Newspapers for misuse of private information and breach of confidence.
Dyson had been suing the former boss for damages for alleged breach of contract and for compensation and/or an account of profits for his alleged breach of confidence.
In a claim form seen by PA, Dyson was suing the former boss for damages for alleged breach of contract and for compensation and/or an account of profits for his alleged breach of confidence.
In either case this is, at best, a breach of confidence, or at worst, a total fabrication of the truth.
At the hearing, Mrs Sim said: "I was told Ms Aubrey had breached the personal confidence of the former chief constable by relating a conversation that was personal to her and to Mr Craik, and that was an absolute breach of confidence, and if you want to know, I flipped.
Three judges found a fiduciary relationship had not been created but all judges found a breach of confidence by Lac.
Having worked with him so long on these terms, therefore, I find the assertion that he is being dismissed for having committed a breach of confidence is simply not plausible.
1) In England, the action is aimed at protecting against unwanted disclosures of private information, and is conceptualized not as a tort, but as a modified form of the ancient equitable action for breach of confidence.