When giving information in confidence you expect this to remain a private matter.
If you are made aware of a potential breach, then you may wish to take Court action to obtain an injunction to prevent the disclosure of the confidential information to your detriment (or that of your business). If the breach has already occurred, an action for breach of confidence can be taken for compensation.
A claim for breach of confidence will arise if;
(a) The information concerned has the necessary quality of confidence.
(b) It is communicated in circumstances imposing an obligation of confidence.
(c) There has been an unauthorised use of the information to the detriment of the owner.
A person can be subject to an obligation of confidence under the terms of a contract or agreement, whether written or oral, or by virtue of the nature of the relationship between the owner of the information and the person in whom he or she confides.
Obligations of confidence have been held to exist in many situations including;
(a) personal relationships,
(b) business and commerce.
(d) Professional relationships.