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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.
Judith Wagner DeCew stated, "Pavesich was the first case to recognize privacy as a right in tort law by invoking natural law, common law, and constitutional values." [ 7 ] Samuel D. Warren and Louis D. Brandeis , partners in a new law firm, feared that this new small camera technology would be used by the "sensationalistic press."
Fiduciary laws regulate the relationships characterized by trust and confidence, where the fiduciary accepts and complies with the legal responsibility for duties of care, loyalty, good faith, confidentiality, and more when entrusted in serving the best interests of a beneficiary. In terms of privacy, fiduciary obligations may extend to ...
Signed into law by President George W. Bush on December 17, 2002 The Confidential Information Protection and Statistical Efficiency Act , (" CIPSEA "), is a United States federal law enacted in 2002 as Title V of the E-Government Act of 2002 ( Pub. L. 107–347 (text) (PDF) , 116 Stat. 2899 , 44 U.S.C. § 101 ).
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 ]
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. [1]
In the absence of a common law right to privacy in English law torts such as the equitable doctrine breach of confidence, [6] torts linked to the intentional infliction of harm to the person [7] and public law torts relating to the use of police powers [8] have been used to fill a gap in the law. The judiciary has developed the law in an ...
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.
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