Breach of confidence is a type of tort, or civil wrong, involving the unauthorized release of confidential information, leading to harm experienced by the plaintiff. People can file suit for breach of confidence and recover damages. The amount of the damage award will depend on the harm experienced and the circumstances of the breach; in some cases, punitive damages may be awarded beyond the original damages to turn the case into an object lesson for people considering similar betrayals of confidentiality.
Treatment of such cases in court depends on the jurisdiction. Generally, someone must have authorized access to confidential information, paired with a duty of confidentiality, to be taken to court for breach of confidence. Some professional relationships like doctor-patient and attorney-client relationships include a duty of confidentiality, with people disclosing confidential information with the understanding that it will not be passed on or released without permission.
It is possible for people to have access to such information without necessarily having a duty of confidence, and these individuals cannot be sued for breach of confidence. Likewise, stealing or gaining access in an authorized way will not result in a breach of confidence suit, as the person using the confidential information unscrupulously has no duty of confidentiality.
The case must also demonstrate that the information was used to the detriment of the plaintiff in the case. While disclosing confidential information carelessly is always frowned upon, if the plaintiff didn't experience any harm, the violation is not treated as a breach of confidence case. Sharing confidential information in a way that harms someone's reputation, business, or other interests would be grounds for a suit, as the plaintiff could argue that the defendant's actions led to actual damages.
In court, people must be able to define the relationship of the parties involved, using this to argue that the person who shared information without consent did so in violation of responsibilities, and must be able to document damages experienced as a result of the shared information. After hearing the matter in court and reviewing supporting documentation, a decision can be made about whether a breach of confidence occurred, and what kinds of damages should be awarded. Disclosures of highly personal and potentially compromising information, like infection with a sexually transmitted infection, can come with particularly high damages, as the court recognizes the damage to the reputation of the plaintiff involved in the release of such information.
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KLR650
Post 11 |
I am a law student and they constantly hammer on us the importance of keeping confidentiality with our clients. We can get sued for huge money, and face discipline with the bar association and even lose our licenses if we reveal a client's private information.
Even in non-licensed occupations, there is often a standard confidentiality agreement in a contract between companies or individuals. You frequently need access to trade secrets and other business data even before you start doing business with someone, and that information has to be protected. Breaching these agreements can ruin your reputation, and your bank account. |
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BigManCar
Post 10 |
@kylee07drg - I would think that there is no exception to the privacy laws that allows a doctor to share anything with a spouse. I am sure many of them do, but they are not allowed to do so. If it caused a divorce and the parties involved can prove it, I would certainly think that they can sue.
In fact, there can be criminal penalties for doing something like that. Worst case, the doctor's practice could be in jeopardy.
People who have jobs where personal information is obtained don't always realize what letting even a few words slip can do to them. The old saying in World War II was "loose lips sink ships", and it's very true. |
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Viktor13
Post 9 |
@Perdido - That is an incredible story. The priest must have really struggled with the ethical implications of informing on the man who came to him. Looks like it worked out in this case and prevented a terrible tragedy.
That kind of situation is really a double-edged sword. If you do inform, you can get into trouble and possibly ruin the reputation of someone who had broken no law. If you don't you may allow a serious harm to come to someone.
If the priest had not been right, he could have gotten in real trouble. Good thing for everyone he was right. Well, good for everyone but the child molester, who got what he deserved. |
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backdraft
Post 8 |
For me there is really nothing more unforgivable than telling a person secrets and then having them tell others.
I think about it like this. If you tell someone something in confidence there are two facts about that piece of information. First, it is probably sensitive. It is something about yourself or others that you don't want many people to know. Second, by sharing that info with a person you imply that you trust them and you make a pact to keep it to yourselves.
If you betray that confidence it is a huge act of disrespect and can have serious consequences. I guess what I'm saying is, keep your secrets. |
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Azuza
Post 7 |
@SZapper - Good point. I never thought of the possible professional consequences for something like this.
Honestly, I wouldn't want to have a job that involved confidentiality. What if someone tells you something that you feel like you have to disclose to the authorities?
I know in certain instances you can disclose things to the authorities, like if someone is considering hurting themselves or others. But I'm pretty sure in other instances you just have to keep your mouth shut. It sounds way too stressful for me! |
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SZapper
Post 6 |
I think breach of confidence should be taken very seriously. Even though you can't be sued for breaching confidence if there are no damages, you could still experience professional repercussions.
For example, I'm pretty sure a lawyer could get disbarred for breaching lawyer-client confidentiality. Even if they aren't getting sued, their career would still be over.
As far as doctors, breaching patient confidentiality is a violation of Health Insurance Portability and Accountability Act (HIPAA). A doctor can definitely experience other legal penalties if they violate HIPAA. I think this would also affect a doctor's career. |
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SarahSon
Post 5 |
My dad has worked as a pastor for more than 50 years. During this time he has counseled many people and been told many things in confidence.
There is a certain trust that many people naturally put in someone in his position. He always took this very seriously and never did anything so people would not trust him with their confidences.
He was never taken to court or accused of breaching any confidence, but I know of pastors where this has happened. I don't really know how a clergy relationship compares to a doctor or attorney/patient relationship, but would think there would be many similarities. |
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Perdido
Post 4 |
A man in my neighborhood tried to sue a priest for breach of confidence. He might have won if authorities hadn’t found a child being held in his basement during the trial.
He confessed to the priest that he had been having urges to kidnap children and keep them as slaves. He admitted that these urges were very strong, and he even had dreams every night about it.
When a local kid in the church went missing, the priest felt it was his duty to mention this man to the police. He broke confidentiality, but he did it for the right reason.
The man had not taken that particular child. In fact, he didn’t take one until the trial was already underway. It appeared that he might actually get this priest in legal trouble.
However, when another neighborhood child went missing, a kid reported last seeing him with this man. When the cops searched his home, they found the kid locked in the basement. |
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shell4life
Post 3 |
@kylee07drg - When a person fills out their medical information sheet at a doctor’s office, they are required to authorize the release of information to whomever they want. If they leave this section blank, then no one should get that information.
If your cousin never authorized the doctor to release information to his wife, then technically, this was a breach of confidence. I’m not sure if the court would take into account the nature of the slip-up or not.
It’s possible that they might have pity on the doctor in this case, since he didn’t do it intentionally or maliciously. Also, people tend not to side with someone who has been proven to cheat on their spouse. |
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kylee07drg
Post 2 |
Does anyone know if a doctor can legally share a person’s medical information with their spouse without authorization? My cousin’s doctor did, and he is considering suing him, because it resulted in a divorce.
My cousin never told the doctor that his wife didn’t know he had an STD. When she went to the same doctor for an exam, he told her she had the same STD as her husband. She knew nothing about this, and she was furious that he didn’t tell her. She also knew it meant he had cheated on her.
He had cheated on her in the past, but he was a changed man at that point. Despite his improved behavior, he wound up losing her. |
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StarJo
Post 1 |
There was a case of breach of confidence in my town around election time. One politician had paid a large sum to the psychologist of his opponent to obtain information to use against him in his campaign. I personally don’t know what the psychologist was thinking, because obviously, no one had access to this information but him, so his practice would be ruined if he participated. Indeed, it was ruined.
The politician buying the information got such a heavy fine that he could no longer afford to support his own campaign. He had to drop out of the race. Probably not many people would have voted for him after it came out that he paid off a shrink to destroy his opponent. |
