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Breach of confidence

From Wikipedia, the free encyclopedia

Thetortofbreach of confidenceis, inUnited States law,acommon-lawtort that protects private information conveyedin 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.

Establishing a breach of confidentiality depends on proving the existence and breach of a duty of confidentiality. Courts in the United States look at the nature of the relationship between the parties. Most commonly, breach ofconfidentialityapplies to thepatient-physician relationship,[2]but it can also apply to relationships involving banks, hospitals, insurance companies, and many others.[3]

There is no tort of breach of confidence in other common-law jurisdictions such as theUnited KingdomorAustralia;however, there is anequitable doctrineofbreach of confidence.[citation needed]

See also

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References

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  1. ^"Breach of confidence".
  2. ^Networks, Institute of Medicine (US) Committee on Regional Health Data; Donaldson, Molla S.; Lohr, Kathleen N. (1994).Confidentiality and Privacy of Personal Data.National Academies Press (US).
  3. ^Solove, Daniel J.; Richards, Neil M. (2007)."Privacy's Other Path: Recovering the Law of Confidentiality".GW Law Faculty Publications & Other Works.96:123–182.
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