Confidentiality26th November 2015

Vatican Law on leaking documents

‘Whoever illicitly obtains or reveals information or documents whose publication is forbidden is punishable by a sentence of six months to 2 years in prison, or a fine of 1000 – 5000 euros.’

Journalists and Confidentiality

Journalists SourcesMaterial

Breach of Confidence Privacy protection

Sandra Haynes Kirkbright

Public Interest Disclosure Act 1998 (as amended by the Enterprise and Regulatory Reform Act 2013)

Protection of employees who make disclosures of information.

Protected disclosuresThat a criminal act has been, is being or likely to be committedA failure to comply with legal obligations, is occurring, has occurred, or is likely to occurA miscarriage of justice has occurred, is occurring, or likely to occurThe health and safety of an individual is being, has been or is likely to be endangeredThe environment has been or is being, or is likely to be damagedInformation relating to any one of these categories, is being, has been, or likely to be deliberately concealed.

Breach of Duty of Confidence

Prince Albert v Strange (1849)

Breach of Confidence3 stage test developed by Megarry J in Coco v A.N Clark (1968)

1. Does the information have the necessary quality of confidence?2. Has the information been obtained in circumstances where an

obligation of confidence is imposed?3. Has unauthorised use of the information been made which is

detrimental to the original communicator of the information?

Campbell v Mirror Group Newspapers(2004)

Creation Records v News Group Newspapers(1997)

The obligation of confidence

Detrimental uses

No need to show an actual detriment to person claiming breach of confidence.

Arguable that detriment could be seen to be a wider detriment to the public in having confidences broken.

DefencesConsentInformation that is in the public domain – Lennon v News Group Newspapers (1978)Public Interest – In the public interest or just of interest to the public?

Lion Laboratories v Evans (1984); Attorney General v Guardian Newspapers (No. 2) (1988).

RemediesOrder to deliver up confidential informationAccount of profitsDamagesInjunctions

AMM v HXW (2010)

Jeremy Clarkson – “injunctions don’t work. You take out an injunction against somebody or some organisation and immediately news of that injunction and the people involved and the story behind the injunction is in a legal-free world on Twitter and the internet. It’s pointless.”