Robin Burden answered
A breach of confidentiality is a type of common law tort, although the laws that govern this type of situation vary from country to country.
What is tort and breach of confidentiality?
Generally, tort law deals with cases where one person has acted in an unfair way that causes harm or financial loss to another person.
Tort is not a criminal offence, and is usually dealt with by civil courts.
Breach of confidence is specifically when one person has an established duty to keep certain information private, but chooses to divulge the information regardless of this agreement.
Where this act causes damage or loss, the claimant can request compensation.
What happens if confidentiality is breached?
If someone breaches a confidentiality agreement, they can be brought before a civil court or tribunal.
To successfully sue someone for breach of confidentiality, the following needs to be established:
What is tort and breach of confidentiality?
Generally, tort law deals with cases where one person has acted in an unfair way that causes harm or financial loss to another person.
Tort is not a criminal offence, and is usually dealt with by civil courts.
Breach of confidence is specifically when one person has an established duty to keep certain information private, but chooses to divulge the information regardless of this agreement.
Where this act causes damage or loss, the claimant can request compensation.
What happens if confidentiality is breached?
If someone breaches a confidentiality agreement, they can be brought before a civil court or tribunal.
To successfully sue someone for breach of confidentiality, the following needs to be established:
- That there was an agreement or understanding that confidentiality would be respected
- That the person in question divulged the information in question
- That the release of this information directly caused damage or loss
