Shhhh, it's a secret

This post will be based upon Tuesday's law lecture on breach of confidence and secrecy within the law. Consequently, i wasn't actually here for this lecture, thanks to being taken to the doctors for the third time this week, so therefore my notes may seem a little (ok, alot) like Chris's which are posted online. 
So, there are three main areas of concern when relating to breach of confidence and secrecy:


1. State Secrets (affecting people who are in investigative journalism)
2. Commercial Secrets (affecting those who do solid news reporting)
3. Privacy (usually print or broadcast journalism, relating to tabloid or celeb related news)


By breaching any of these it results in the following things (number 1 relating back to number 1 and so on)
1. Official secrets act
2. Common law confidentiality 
3. Human rights act, section 8 (normal enjoyment to a family life)


Official Secrets
This is often related to military or intelligence cases where highly important secrets are 'let out the bag'. The official secrets act in 1911 is related to the secret information, ultimately, revealing any of this information can lead to criminal prosecution. 


Common Law Confidentiality
Within common law confidentiality, people have the right to keep secrets, so long as its for the public interest. If someone who is not entitled to pass on their secrets e.g. a doctor/lawyer, does so that person has committed 'breach of confidence' which is essentially, a crime.
As journalists, we often want new and 'juicy' gossip and information to print and broadcast. If -as journalists- we get someone to reveal secret information, we may be involved in the crime of 3rd party breach of confidence. This is where injunctions fit in, as someone can obtain an injunction to prevent this specific story coming out for the public to read. Another name for this is 'gag on the press', as ultimately this makes journalists think twice as none of them want an injunction against them. This reminds me of the monkeys, hear no evil, speak no evil, see no evil and do no evil (i think), and journalists are the complete opposite to that. Then again, as Chris often states 'RUDE IS GOOD!'

Breach of confidence
A person is in breach of confidence if;
1. They have the necessary quality of confidence (they do not 'tittle tattle')
2. The information was provided in - circumstances imposing an obligation
3. They had NO permission to do so
4. Detriment to person who gave information


Gagging Clauses

If someone becomes employed by another person for either money or volunteer work, they owe the employer a common law 'duty of confidence'. If someone has one, they are risking a lot by talking to a Journalists. Thus the public interest defence is limited when there are ways with these complaints internally. Where organisations are covered by the Official Secrets Act, the public interest defence is not allowed.