Evaluate the Extent to Which the Tort of Breach of Confidence Restricts Freedom of Expression

Breach of confidence is the disclosure of trade secrets information due to your place of work, if this information is disclosed it can be prevented by using a prohibitory injunction. It was established in the case of Prince Albert V Strange 1849. Where Prince Albert obtained an injunction preventing publication of drawings made by him and Queen Victoria, when unauthorised copies were made, however, previously the meaning of ‘confidential’ was vague and there was no general protection for privacy or private information. Breach of confidence can sometimes restrict Freedom of Expression. Freedom of expression is Article 10 of the Human Rights Act 1998. There are 2 main sections of this section of the HRA. Section 1 of Freedom of Expression allows us to have Freedom of Expression, however, section 2 allows this freedom of expression to be restricts due to the interest of national security, making it a qualified right.

Breach of confidence is governed by the Official Secrets Act. Both of these are similar as the Official Secrets Act complies with section 2 of Article 10 as it also restricts freedom of expression on the basis of national security. The tort of Breach of Confidence was discovered in the case of Prince Albert, but its definition came from the case of Coco v A.N. Clark (Engineers) Ltd 1969. The court defined breach of confidence as arising where the information disclosed or about to be disclosed has the necessary quality of confidence, the information was obtained in circumstances which imposed an obligation of confidence and whether the defendant has made or intends to make unauthorised use of the information. In the case of AG v Jonathan Cape, the judge stated that breach of confidence could be used to prevent disclosure of certain information as it is on the basis of national security. However, the tort of breach of confidence has been used to restrict freedom of expression as the disclosure of sensitive information could be prevented as it is an...