Breach of confidentiality is a civil tort where unauthorized release of confidential information causes damage to the plaintiff. Damages depend on the harm suffered, and punitive damages may be awarded. Professional relationships have a duty of confidentiality. The case must show the information was used to the plaintiff’s detriment. The court considers the relationship of the parties and the damages suffered to decide if a violation occurred and what damages to award. Disclosure of highly personal information can result in high damages.
Breach of confidentiality is a type of tort, or civil tort, involving the unauthorized release of confidential information, leading to the damage suffered by the plaintiff. People can sue and recover damages. The amount of damages will depend on the damage suffered and the circumstances of the breach; in some cases, punitive damages may be awarded in addition to the original damages to turn the case into an object lesson for people who consider similar breaches of confidentiality.
The treatment of such cases in court depends on the jurisdiction. Typically, someone must have authorized access to confidential information, along with a duty of confidentiality, to be brought to court. Some professional relationships, such as doctor-patient and attorney-client relationships, include a duty of confidentiality, with individuals disclosing confidential information with the understanding that it will not be transmitted or disclosed without permission.
It is possible for individuals to have access to such information without necessarily having an obligation of confidentiality, and these individuals cannot be sued for breach of confidentiality. Similarly, theft or access in an authorized manner will not give rise to such cause, since the person who unscrupulously uses confidential information has no obligation of confidentiality.
The case must also show that the information was used to the detriment of the plaintiff. While carelessly disclosing confidential information is always frowned upon, if the complainant has suffered no harm, the breach is not treated as a case of breach of confidentiality. Sharing confidential information in a way that harms someone’s reputation, business, or other interests would be grounds for a lawsuit, as the plaintiff could argue that the defendant’s actions resulted in 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 breach of their responsibilities, and must be able to document damages suffered to because of the shared information. After hearing the matter in court and reviewing the supporting documentation, you can decide whether a violation has occurred and what types of damages should be awarded. Disclosure of highly personal and potentially compromising information, such as infection with a sexually transmitted disease, can result in particularly high damages, as the court recognizes the damage to the reputation of the plaintiff involved in the release of that information.
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