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The tort of breach of confidence is, in 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.
Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. [ 1 ]
In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.
[14] [page needed] Although laws vary somewhat in different states, in general, the danger must be imminent and the breach of confidentiality should be made to someone who is in a position to reduce the risk of the danger. [12] People who would be appropriate recipients of such information would include the intended victim and law enforcement.
The early years in the development of privacy rights began with English common law, protecting "only the physical interference of life and property". [5] The Castle doctrine analogizes a person's home to their castle – a site that is private and should not be accessible without permission of the owner.
The federal and state governments have been searching for ways to address confidentiality and the settlement of sexual harassment claims in response to the metoo movement and the number of high ...
By law, lawyers are often required to keep confidential anything on the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege , which only covers communications between the attorney and the client.
In addition, our partner companies are required to adhere to confidentiality agreements to ensure that your information remains safe and secure. We strongly encourage our content, commerce and advertising partners to post clearly their own privacy policies and to have privacy control systems in place to protect your personal information.