Breach of confidence is a type of tort, or civil wrong, involving the unauthorized release of confidential information, leading to harm experienced by the plaintiff. People can file suit for it and recover damages. The amount of the damage award will depend on the harm experienced and the circumstances of the breach; in some cases, punitive damages may be awarded beyond the original damages to turn the case into an object lesson for people considering similar betrayals of confidentiality.
Treatment of such cases in court depends on the jurisdiction. Generally, someone must have authorized access to confidential information, paired with a duty of confidentiality, to be taken to court. Some professional relationships, like doctor-patient and attorney-client relationships, include a duty of confidentiality, with people disclosing confidential information with the understanding that it will not be passed on or released without permission.
It is possible for people to have access to such information without necessarily having a duty of confidence, and these individuals cannot be sued for breach of confidence. Likewise, stealing or gaining access in an authorized way will not result in such a lawsuit, as the person using the confidential information unscrupulously has no duty of confidentiality.
The case must also demonstrate that the information was used to the detriment of the plaintiff in the case. While disclosing confidential information carelessly is always frowned upon, if the plaintiff didn't experience any harm, the violation is not treated as a breach of confidence case. Sharing confidential information in a way that harms someone's reputation, business, or other interests would be grounds for a suit, as the plaintiff could argue that the defendant's actions led to actual damages.
In court, people must be able to define the relationship of the parties involved, using this to argue that the person who shared information without consent did so in violation of his or her responsibilities, and must be able to document damages experienced as a result of the shared information. After hearing the matter in court and reviewing supporting documentation, a decision can be made about whether a breach occurred, and what kinds of damages should be awarded. Disclosures of highly personal and potentially compromising information, like infection with a sexually transmitted disease, can come with particularly high damages, as the court recognizes the damage to the reputation of the plaintiff involved in the release of such information.
