LAW OF CONFIDENCE

Law Of Confidence



Law Of Confidence

Introduction

The report discusses, “Life would be intolerable in personal and commercial terms, if information could not be given or received in confidence and the right to have that information respected, supported by the force of law.” The statement relates to the law of confidence in British law. The statement relates with the importance of confidentiality not only individual but also on the commercial level. To disclose certain information about a company or personal is not only ethically wrong but also illegal by law. The paper discusses the law of confidentiality with relation to other legislation that are breach of confidence, privacy act, confidentiality act etc. It is a crucial aspect of relationships such as priest and penitent, solicitor and client, and accountant and client.

Purpose of Essay

The main purpose of this assignment is to analyse the statement of Sir John Donaldson”. The purpose of this paper is to relate this statement with English legal system. The English law of confidence discusses the legal rights of a person in case of breach of confidence.

Key Issues

Ethical and legal Issues raise after the disclosure of any information.

The law of breach of confidence prevents the publication of private information that given to someone to obtained monetary benefits.

Barriers of sharing information.

Discussion of Problem

The notion that the individual has a right to control their own personal information seen by many scholars as lying at the heart of the right to personal privacy, although it is true that privacy is also closely bound up with the notion of home, family life, and property. It is an essential aspect of individual dignity to be free to decide to what extent, when, and to whom, disclosures about oneself shall take place. It is not only as an inherent individual right but also as a necessary condition of various aspects of human development and flourishing. In particular, the ability to form intimate relationships with others is dependent, in very large part, upon the fact that in such relationships highly sensitive information, feelings, and thoughts can be confided while being withheld from the rest of the world.

Moreover, informational autonomy, as many scholars have pointed out, protects individuals' ability to make substantive choices about their private lives. Particularly where the formation of certain human relations (including sexual relationships), and certain modes of development may be controversial in what termed the judgment of the mob, privacy allows for the exercise of individual liberty and for what one scholar has termed 'experiments in living'. Whilst, control over private property provide the physical space in which such 'experiments' can occur. If, there were no ability to withhold information about them from the critical majority, not only would such exercises of individual choice penalized by the reaction of others, but many would likely be deterred by the anticipation of such disapproval.

Furthermore, the ability to share information and ideas in private, with perhaps one or two trusted friends, seen as vital for the formation of the individual's personality and her cultural, political, ...