Confidentiality
Confidential information is information of some sensitivity which is not already lawfully in the public domain, readily available from another public source or has been shared in a relationship where the person giving the information understood that it would not be shared with others.
Legally, where there is a confidential relationship, anyone receiving confidential information is under a duty not to pass it on.
However, this duty is not absolute and information can be shared without breaching the duty if:
- The information is not confidential in nature
- The person to whom the duty is owed has given explicit consent
- There is an overriding public interest in disclosure
- Sharing is required by a court order or other legal obligation