Breach of confidence

The tort of breach of confidence is, in United Kingdom law and the United States law, a common-law tort that protects private information 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.

This article is about breach of confidence in United States law. For breach of confidence in the law of England and Wales, see Breach of confidence in English law.

Establishing a breach of confidentiality depends on proving the existence and breach of a duty of confidentiality. Courts in the United States 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, insurance companies, and many others.^[3]

There was no clear 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. In OBG Ltd v Allan [2007] UKHL 21 the Law Lords clarified that Economic torts in English law do exist.

See also

• Abuse of information
• Misuse of private information
• Breach of confidence in English law
• United States free speech exceptions