6 Breach of Confidence
6.1 Introduction
The English law protects an individual from the misuse of personal information about him under common law and statute. The common law of breach of confidence protects information that is ‘confidential’. The Data Protection Act 1998, considered in Chapter 7, protects personal data.
The law of breach of confidence is based on a 1848 case in which Prince Albert obtained an injunction to prevent the exhibition of etchings by himself and Queen Victoria in circumstances where the defendant had obtained copies of the etchings without consent. Although the law was subsequently developed to protect secret processes, inventions and trade secrets, its boundaries have been constantly pushed back, and ...
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