The law of confidence can be used to prevent confidential information from being disclosed or to obtain compensation if the information has been disclosed unlawfully. Whilst copyright protects the form of expression of an idea, confidence protects the actual ideas themselves; for example, the plot of a new book before its publication.
In order to bring a claim for breach of confidence:
- the information in question must have the ‘necessary quality of confidence’;
- the information must have been imparted in circumstances giving rise to an obligation of confidence; and
- there must be an unauthorised use or a threat of an unauthorised use of the information to the detriment of the original communicator of the information.
As with privacy, it’s possible in certain circumstances to obtain an Injunction/Stop Order to prevent unlawful disclosure of confidential information. The law can help protect many different types of information, including:
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk