The last twenty years have seen rapid development of the equitable
action for breach of confidence. The Spycatcher saga of the late
1980s led to the restatement of the fundamental principles. There
was increasing concern about press intrusion, and the need to
protect privacy rights guaranteed by Article 8 of the European
Convention in the wake of the Human Rights Act 1998. Against that
background, a number of high-profile cases-such as Campbell v MGN
Ltd (2004)-explored how common law principles laid down in the
nineteenth century might be adapted to twenty-first century
conditions. How far will the law go in protecting privacy?
Meanwhile, in the "information age", the law has had to grapple-for
instance in Douglas v Hello! Ltd (2007)-with how best to protect
the commercially valuable information and when it should assist
those who wish to exploit it. The result has been rapid development
of the law in many diverse areas. The Law of Confidentiality: A
Restatement goes behind the mass of cases to tease out the
fundamental principles underlying the modern law. It examines the
central questions of substance: the circumstances in which
information is protected by law, and how it responds to conflicting
public interests. It also looks at the important practical
questions of procedure and remedies. It aims to be useful to those
looking for a guide to the main principles and controversies in the
field, and also to the practising lawyer looking for a clear
statement of the basic principles.
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