A number of considerations have been regarded by courts as relevant to whether information is public knowledge, and in determining confidentiality accessibility is seen as an important factor. The information must be sufficiently secret, not common or public knowledge. However, a document or conversation signalled or marked as one that is secret or confidential may not necessarily impart confidentiality. Secrecy can also indicate confidentiality. Confidential information typically has some sort of value, be it financial or otherwise, the information is somehow of significance that it warrants protection. The information at hand must have a clearly identifiable nature of confidentiality. Here, the three elements required to establish such a claim were established. Thirdly, there must be an unauthorised use of that information to the detriment of the party communicating it. in the Saltman case on page 215, must "have the necessary quality of confidence about it." Secondly, that information must have been imparted in circumstances importing an obligation of confidence. First, the information itself, in the words of Lord Greene, M.R. In my judgment, three elements are normally required if, apart from contract, a case of breach of confidence is to succeed. In Coco v A N Clark (Engineers) Ltd a breach of confidence claim was made regarding technical information which held significant commercial value. Typically, to rely on a claim of breach of confidence, reference must be made to the elements established in common law. There are several elements required to prove a breach of confidence, and these are not set out in specific legislation. The Human Rights Act 1998 has developed the law on breach of confidence so that it now applies to private bodies as well as public ones. Breach of confidence gives rise to a civil claim. 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 in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached.
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