Breach of confidence

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The tort of breach of confidence is, in United States law, a common law tort that protects private information that is conveyed in confidence.[1] A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence and was disclosed to the detriment of the claimant.

Establishing a breach of confidentiality depends on proving the existence and breach of a duty of confidentiality. Courts in the US look at the nature of the relationship between the parties. Most commonly, breach of confidentiality applies to the patient-physician relationship[2] but it can also apply to relationships involving banks, hospitals, and insurance companies and many others.[3]

There is no tort of breach of confidence in other common law jurisdictions such as the United Kingdom or Australia, however, there is an equitable doctrine of breach of confidence.

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References[edit]

  1. ^ "Breach of confidence".
  2. ^ Networks, Institute of Medicine (US) Committee on Regional Health Data; Donaldson, Molla S.; Lohr, Kathleen N. (1994). Confidentiality and Privacy of Personal Data. National Academies Press (US).
  3. ^ Solove, Daniel J.; Richards, Neil M. (2007). "Privacy's Other Path: Recovering the Law of Confidentiality". GW Law Faculty Publications & Other Works. 96: 123–182.

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