Breach of confidence
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Tort law I |
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Part of the common law series |
Intentional torts |
Assault · Battery |
False arrest · False imprisonment |
Intentional infliction of emotional distress |
Property torts |
Trespass to chattels |
Trespass to land · Conversion |
Detinue · Replevin · Trover |
Dignitary and economic torts |
Slander and libel · Invasion of privacy |
Fraud · Tortious interference |
Alienation of affections |
Breach of confidence · Abuse of process |
Malicious prosecution · Conspiracy |
Defenses to intentional torts |
Consent · Necessity |
Self defense and defense of others |
Fair comment (as to slander/libel) |
Other areas of the common law |
Contract law · Property law |
Wills and trusts |
Criminal law · Evidence |
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, insurance companies.