The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. 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 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 but it can also apply to relationships involving banks, hospitals, and insurance companies and many others.
- Breach of confidence in the UK
- Breach of confidence in Canada
- Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M Richards, Washington University School of Law; Daniel J. Solove, George Washington University Law School