{"id":353426,"date":"2016-05-18T16:52:56","date_gmt":"2016-05-18T21:52:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/breach-of-confidence.html"},"modified":"2023-06-29T12:14:29","modified_gmt":"2023-06-29T17:14:29","slug":"breach-of-confidence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/breach-of-confidence.html","title":{"rendered":"Breach of Confidence"},"content":{"rendered":"\n
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Breach of Confidence <\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Many areas of the law protect your privacy and data, including tort law. A breach of confidence means someone you trusted with your private information betrayed you by sharing it. In such cases, you may have a valid tort claim.<\/p>\n\n <\/div>\n\n\n\n

You might trust another person with confidential information. If that person uses the data or details for an unfair gain or advantage, you may have reason to sue.<\/p>\n

A lawsuit for breach\u00a0of confidence is an action originating in\u00a0common law<\/a>\u00a0about information between two or more people. Breach of confidence deals with restricting the dissemination of commercially viable information.<\/p>\n

Below is an overview of a breach of confidence action. It includes the elements of the claim, possible defenses, and common remedies. Be sure to check with your state’s laws or discuss them with a local tort and injury lawyer<\/a> to learn more.<\/p>\n

Example of Breach of Confidence<\/h2>\n

Let’s say you are a journalist covering a story about a controversial presidential candidate. You speak to the candidate’s former employee, who gives you information “off the record.” You promise to keep the information confidential<\/a>. After the interview, you write your story and use it in the story anyway.<\/p>\n

Does the employee have a\u00a0viable claim<\/a>\u00a0against you? Maybe a tort lawsuit for\u00a0public disclosure of private facts<\/a>? They also may file a breach of confidence action against you and the newspaper that employs you<\/a>. They may assert that sharing the information didn’t serve the public good.\u00a0<\/p>\n

Categories of Confidential Information<\/h2>\n

Confidential information may include\u00a0medical records<\/a>,\u00a0employee records<\/a>, or personal information. Confidential information falls into three categories of sensitive information:<\/p>\n