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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.
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.
All registered healthcare professionals must abide by these standards and if they are found to have breached confidentiality, they can face disciplinary action. A healthcare worker shares confidential information with someone else who is, or is about to, provide the patient directly with healthcare to make sure they get the best possible treatment.
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 ]
These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing. [2] [3]
Republican Sen. Lindsey Graham said Sunday that Pete Hegseth, President-elect Donald Trump’s pick for secretary of defense, promised to release the woman who accused him of sexual assault from a ...
While many crisis pregnancy centers offer free services, ... centers could be held legally liable should such confidentiality be breached for inappropriate reasons.” ...
Breach of confidentiality is when one entity promises to keep a person's information private, then breaks that promise. [176] Disclosure is making information about a person more accessible in a way that harms the subject of the information, regardless of how the information was collected or the intent of making it available. [ 176 ]