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Confidentiality can be defined as a right to protect privacy or
property and English law offers protection in the form of breach
of confidence. The existing common law and statute will protect
someone against the misuse of personal information about them.
How do you define breach of confidence?
A claimant, in order to establish a breach of confidence, must
show that the information has the necessary quality of confidence,
that the information was imparted in circumstances which imposed
an obligation of confidence and that there has been, or will be,
unauthorised use of the information.
A recent case in the media which received a lot of publicity was
that of Douglas v Hello! (2001). Michael Douglas and Catherine Zeta-Jones
signed a contract with OK! magazine for exclusive wedding coverage,
but Hello! magazine published wedding photographs three days before
OK! magazine. If someone claims that a right to privacy has been
infringed an action has to be brought for breach of confidence,
trespass or defamation as there is no express law, 'tort' of privacy
or statutory right to privacy.
In this case Michael Douglas and Catherine Zeta-Jones felt their
right to privacy had been invaded, but this case has again prompted
a lot of debate between the legislation which protects a private
or home life from intrusion by the media and legislation against
the distress caused by living in the public eye.
Article 10 of the European Convention on Human Rights, right
to freedom of expression, was introduced into English Law under
the Human
Rights Act 1988.
In the Douglas case it was important that the right to privacy
according to Article 8 (relating only to actions by public authorities
and not private individuals, which states that everyone has an 'express'
right to respect for their private and family life, home and correspondence)
was balanced against Article 10 of the European Convention on Human
Rights which guarantees Freedom of Expression. This is a difficult
area and it's possible that in the future Article 8 rights may be
extended to private individuals
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