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Though the duty to confidentiality is often expressed in absolute terms in professional rules, there are circumstances where the duty can be breached. The breach of the duty in certain contexts is justified through the balancing of the often competing interests of the client and proper administration of justice.
The "three traditional requirements of the cause of action for breach of confidence" [3]: [19] were identified by Megarry J in Coco v A N Clark (Engineers) Ltd (1968) in the following terms: [4] In my judgment, three elements are normally required if, apart from contract, a case of breach of confidence is to succeed.
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 ]
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Recent [when?] consideration of applying the duty to warn has raised questions regarding therapists' responsibility to breach confidentiality in order to report clients' nonviolent behaviors which may pose danger to others, as in the case of clients with HIV/AIDS. [12]
Client confidentiality is the principle that an institution or individual should not reveal information about their clients to a third party without the consent of the client or a clear legal reason. This concept, sometimes referred to as social systems of confidentiality , is outlined in numerous laws throughout many countries.
The full extent of the data breach remains unknown, and UnitedHealth has said it was still investigating. UnitedHealth has blamed the hack on the "Blackcat" gang, a notorious ransomware group that ...