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The protection and disclosure of confidential information

The protection and disclosure of confidential information
The protection and disclosure of confidential information

This work consists of an examination of relevant areas of law and some typical situations concerned with confidential information in order to discover principles applicable to the disclosure and protection of such information.English law has on different occasions approached the problems of confidential information from tae bases of the relationship between the parties, or the position of :he holder of the information, or the purpose for which it is required. Consideration of the reasons for seeking protection indicates that such information is of three types, namely personal information, commercial information and information relating to policy-making and administration, called governmental information. It is the thesis of this work that the nature of the information is the most relevant basis for clarification of the law on this subject. After consideration of the law of breach of confidence, official secrets and discovery and privilege, relevant areas typical of the traditional approaches, Part II examines problems of confidentiality in relation to medical information, commercial information and in local government. Part III explores the extent of protection of confidential information, or its donor, in court, Parliament and certain statutory inquiries, all situations requiring information in the public interest. The conclusions indicate that the significance of competing public and private interests varies according to the type of information. A draft Bill, based on existing law and proposed reforms, reflects that variation and, with reference to existing causes of action and rules of law, would codify the law relating to confidential information.

University of Southampton
Pearce, Penelope Ann
Pearce, Penelope Ann

Pearce, Penelope Ann (1979) The protection and disclosure of confidential information. University of Southampton, Doctoral Thesis.

Record type: Thesis (Doctoral)

Abstract

This work consists of an examination of relevant areas of law and some typical situations concerned with confidential information in order to discover principles applicable to the disclosure and protection of such information.English law has on different occasions approached the problems of confidential information from tae bases of the relationship between the parties, or the position of :he holder of the information, or the purpose for which it is required. Consideration of the reasons for seeking protection indicates that such information is of three types, namely personal information, commercial information and information relating to policy-making and administration, called governmental information. It is the thesis of this work that the nature of the information is the most relevant basis for clarification of the law on this subject. After consideration of the law of breach of confidence, official secrets and discovery and privilege, relevant areas typical of the traditional approaches, Part II examines problems of confidentiality in relation to medical information, commercial information and in local government. Part III explores the extent of protection of confidential information, or its donor, in court, Parliament and certain statutory inquiries, all situations requiring information in the public interest. The conclusions indicate that the significance of competing public and private interests varies according to the type of information. A draft Bill, based on existing law and proposed reforms, reflects that variation and, with reference to existing causes of action and rules of law, would codify the law relating to confidential information.

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Published date: 1979

Identifiers

Local EPrints ID: 463766
URI: http://eprints.soton.ac.uk/id/eprint/463766
PURE UUID: bca0c6ef-734b-4390-be06-2d2dc8a8a9a4

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Date deposited: 04 Jul 2022 20:56
Last modified: 04 Jul 2022 22:00

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Contributors

Author: Penelope Ann Pearce

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