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What Happens When There Is A Breach Of Confidentiality?

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Robin Burden Profile
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:

  • 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
Tfc-training.com is quite useful in explaining the law of confidentiality in detail.
Deemarcas Day Profile
Deemarcas Day answered
Something that you told someone secretly that has been told to another.

If it is with a lawyer or doctor, then you'd have to contact a lawyer to see what could be done.

But, once the secret is out, you can try to do damage control to keep it from spreading any further, and confront the person who broke the confidence.

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