What is the common law of confidence?

The common law of confidentiality is a broad principle of law that a person who receives information from another party in confidence cannot take advantage of it. That person must not make use of it to the prejudice of the person who gave the information without obtaining his consent.

What is common law duty of confidence?

The so-called common law duty of confidentiality is complex: essentially it means that when someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification.

Does Hong Kong practice common law?

This is a continuation of the pre-existing 1997 legal system, before the resumption of the sovereignty of the HKSAR to the People’s Republic of China. Under the principle of one country, two systems, Hong Kong will retain its common law system for 50 years after the 1997 handover, that is, until 2047.

What constitutes a breach of confidence?

Breach of confidence is the breach of a duty which can give rise to a civil claim1. Breach of confidence will usually arise in connection with the disclosure of information which has a commercial value, but can also include personal information about individuals.

Is confidentiality a legal right?

Confidentiality refers to personal information shared with an attorney, physician, therapist, or other individuals that generally cannot be divulged to third parties without the express consent of the client. While confidentiality is an ethical duty, privacy is a right rooted in the common law.

What are common law duties?

The common law duty is a personal, non-delegable duty and cannot be discharged by entrusting the safety of one employee to another or to an independent contractor. The duty is owed to the individual employee so the standard of care will vary depending on the circumstances of the case.

What is confidence quality?

A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. Breach of confidence gives rise to a civil claim.

Do and don’ts in Hong Kong?

15 Things Not To Do In Hong Kong

Don’t Be A Snail.
Don’t Only Travel In Taxis Or M.T.R.
Don’t Shop Only In Malls.
Don’t Just Shop And Eat.
Don’t Just Carry Beach And Casual Wear.
Don’t Just Eat Chinese Food.
Don’t Stay On Hong Kong Island All The Time.
Don’t Just Stay In Any Hotel.

Does Hong Kong use English law?

Hong Kong’s legal system was developed under British governance, based on the English common law. The Hong Kong Basic Law, which is a law passed by the Chinese National People’s Congress, came into effect in 1997, becoming the constitutional document in Hong Kong.

What are the necessary elements of breach of confidence?

There are three essential elements to establish whether you have breached confidence:

Information Must Be Confidential. The information must actually be confidential.
Circumstances Create an Obligation of Confidence.
Unauthorised Use of the Information.

What is the common law position in Hong Kong?

As a general principle under Hong Kong law, where a person has received information in confidence that person may not take unfair advantage of it. The ability to rely on this common law position depends on the satisfaction of a number of conditions and its extent and application are uncertain.

Can you rely on the common law duty of confidence?

More recent case law reveals that the mere fact that the information is inaccessible to the public is not necessarily sufficient and, conversely, the mere fact that the information is to some extent accessible is not necessarily fatal. A detailed analysis of the facts and circumstances is therefore required on a case by case basis.

How are trade secrets protected in Hong Kong?

In Hong Kong, trade secrets and undisclosed commercial information are protected by common law of confidence. An obligation of confidence will arise whenever the information is communicated to or acquired by a person who knows or ought as a reasonable person to know that the other person wishes to keep that information confidential.

What is the common law of confidentiality in England?

The English law of confidence has been developed through common law, which is the part of English law that is derived from case law rather than statutes. The common law of confidentiality is a broad principle of law that a person who receives information from another party in confidence cannot take advantage of it.

What is the common law of confidence? The common law of confidentiality is a broad principle of law that a person who receives information from another party in confidence cannot take advantage of it. That person must not make use of it to the prejudice of the person who gave the information without obtaining his…