Confidentiality and Privacy

The law of confidence safeguards information obtained in confidential circumstances, for example between individuals or between a company and its employees. 

There are three areas of concern:
1) Revealing state secrets or “official” secrets.
2) Revealing commercial secrets.
3) Revealing facts about a person they would have expected to remain private.

The Official Secrets Act protects 1989 protects state secrets (military or intelligence matters) – this can be breached by publishing photos of sensitive military installations. But the act is rarely used a juries have been reluctant to convict “whistle blowers” e.g. Clive Ponting.

Commercial confidentiality is normally protected by the contract of employment – staff won’t do things detrimental to their employer’s interests, for example revealing financial information helpful to their competitors. But this must always be balanced against the public interest.

Personal confidences or privacy is protected under article 8 of the European Convention on Human Rights.

Journalists must decide when newsworthy confidential information is uncovered to either;
1) Risk an injunction (legal stop) by seeking a response to the allegation. OR…
2) Publish material and take the risk of legal action for breach in confidence or possible defamation.

Max Mosley V News of the World – In 2008 the paper published a story of Mosley’s sadomasochistic Nazi themed orgy. The High Court ruled that there was no public interest in publishing this story so Mosely had the right to privacy and damages were awarded.