Breach of confidence is a kind of civil wrong in which a person experiences harm via the unauthorized release of their confidential information. Legal action can be taken in such circumstances and the amount awarded to the plaintiff is dependent upon the level of harm experienced and the circumstances of the breach. Treatment of the case depends on the jurisdiction. Generally speaking, the party responsible for the illegal release of the information must have had authorized access to the confidential information and the duty of confidentiality. For example, if a doctor were to release confidential information about a patient’s STD, in effect harming that patient’s reputation and violating the confidentiality code the doctor is sworn by, legal action is justified.

The case must be able to demonstrate that the plaintiff was harmed. Breach of confidence cases cannot be established if the plaintiff did not experience some form of harm. Information accidentally released is unfortunate and oftentimes painful, but it does not constitute a case to be defined as a breach of confidence, as no harm has been deliberately executed. However, should the party responsible for confidentiality purposefully share information in a way that harm’s their reputation, business, or other interests, grounds for a suit would be justified.

In addition to the above mentioned variables, a relationship between the defendant and the plaintiff must be defined in the court. This is so the court can clearly understand how one violated their breach of confidence. For example, a psychologist may release unauthorized material in a different manner than a physician. Furthermore, damages must be documented clearly and specifically. Again, this is so that a clear picture can be presented. This kind of documentation also allows the court to understand the level of harm the plaintiff endured