The Common law Duty of Confidence
Where an individual has not given their consent to the use or disclosure of information
for a purpose, which is different to that which was originally intended, it will need
be carefully considered whether a duty of confidence exists.
Relevant considerations will include whether:
the information has a quality of confidence.
became known in circumstances imposing an obligation of confidence (legitimate
expectation).
there has previously been or would be an unauthorised use of that information.
there was an unauthorised use of that information.
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