confidential information

The law of confidential information is premised on the theory that information received in confidence, either expressly or impliedly ought to be able to protected from disclosure to others, or used by the person receiving it without the consent of the discloser. Three elements must be shown by a claimant to obtain the benefit of protection: 1. the information must have the necessary quality of confidence; 2. the information must have been imparted in circumstances imposing an obligation of confidence; and 3. there must be an unauthorised use of the information to the detriment of the party communicating it.

Remedies

The remedies for a misuse of confidential information or threatened misuse of confidential information are: injunction; damages; an account of profits; a constructive trust; delivery up of the material and/or destruction; an adverse costs order for the unsuccessful party to the proceedings and charge of contempt for if a court order is disobeyed. In some cases, a search order or action for discovery may be appropriate in order to serve the interests of justice.

Usage: An employee was given a customer list during the course of his employment, which was the confidential information of the employer.

Related Words: trade mark; copyright; patent; registered design rights; unregistered design rights; intellectual property rights.