We are here to assist protect your business. Hum Law Firm has experience dealing with breach of confidence actions, both in the employment and business context. Origins of Breach of Confidence in Australia What is Breach of Confidence Elements Element 1: Quality of Confidence Element 2: Circumstances give rise to an obligation of confidence Element 3 - Actual or Threatened Use Justification Defence Remedies The equitable doctrine of breach of confidence is a remedy that protects confidential. To protect your interests, you should ensure all contracts, whether employment or commercial contracts, contain restrictive covenants stating that confidential information cannot be shared without consent. Throughout the course of employment, many of your employees will learn sensitive and confidential information. There must have been an unauthorized use of that information to the detriment of the party whose confidentiality is breached by the unauthorized use (the “detriment” can be in the form of economic losses or psychological and emotional harm).īreach of confidence often occurs in the employment context.The information must have been disclosed in circumstances where there is an obligation of confidence (meaning, there was a direct promise to keep the “information” confidential, or the circumstances that make it clear that the information was intended to be confidential and not meant to be circulated widely without express consent) and.The information must have the necessary quality of confidence (meaning, the information is not otherwise publicly available).If this occurs, you can pursue an action for breach of confidence.Ī successful breach of confidence claim requires three elements: ![]() ![]() A party may breach their obligation to keep this information confidential, leaving your business in a difficult position. Technology provides instantaneous dissemination of personal information including data, photographs, and videos, to a vast (and sometimes unknown) collection of individuals. Businesses have sensitive and confidential information such as client lists, trade secrets, and business practices. BREACH OF CONFIDENCE AN EMERGING TORT As our world continues to be changed by technology, so do our legal remedies.
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