Breach of confidence and harassment

Overview

Recall questions on breach of confidence and the balance between Articles 8 and 10, and on the course of conduct, knowledge and civil and criminal remedies under the Protection from Harassment Act 1997.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is the legal nature of the duty of confidentiality?

   Model answer

   An equitable doctrine that protects private information.

2. 2

   Which two ECHR articles does the duty of confidentiality engage?

   Model answer

   Article 8 (privacy) and Article 10 (freedom of expression).

3. 3

   What is the first requirement for a breach of confidence claim?

   Model answer

   Information with the necessary quality of confidence.

4. 4

   When courts determine breach of confidence claims, does Article 8 or Article 10 have automatic precedence?

   Model answer

   Neither right has automatic precedence; courts must balance them.

5. 5

   Which statute governs harassment and which ECHR article does it restrict?

   Model answer

   The Protection from Harassment Act 1997, restricting Article 10 (freedom of expression).

6. 6

   What is the minimum number of occasions required to establish a 'course of conduct' for harassment?

   Model answer

   At least two occasions.

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