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Breach of confidence

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.

See also edit

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.

External links edit

  • 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

breach, confidence, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, august,. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Breach of confidence news newspapers books scholar JSTOR August 2013 Learn how and when to remove this template message 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 See also editAbuse of information Misuse of private information Breach of confidence in English law United States free speech exceptionsReferences edit Breach of confidence 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 Solove Daniel J Richards Neil M 2007 Privacy s Other Path Recovering the Law of Confidentiality GW Law Faculty Publications amp Other Works 96 123 182 External links editBreach 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 Retrieved from https en wikipedia org w index php title Breach of confidence amp oldid 1089879122, wikipedia, wiki, book, books, library,

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