Tuesday 25 October 2011

Media Law Lecture 5 Confidentiality

This mornings lecture, similarly to all our other law lectures consisted of general banter and anecdotes from the hilarious 'phone man'. I hope I am right in thinking that I have just used Jigsaw identification - This is where you mention certain characteristics, rather then identify the person.

There are three areas of concern
1. State Secrets - This affects certain types of investigative journalism - Official Secrets Act
2. Commercial Secrets - Vital for business to business - Common Law Confidentiality
3. Privacy - Mainly for tabloid/celeb journalism - Human Rights Act Section 8

Shhh it's a secret...
Common law secrets - People have the right to keep secrets so long as it is not against the public interest.
Each person has the right to expect certain people, for instance Doctors, to be confidential.

Breach of Confidence
A person is in breach of confidence if they pass on information which:
1. Has 'the necessary quality of confidence'  AND
2. Provided in 'Circumstances imposing an obligation' AND
3. No permission to pass on the information AND
4. Detriment is likely to be caused to the person who gave in the information.

^ If any of the above are missing, then the information is NOT confidential and it can be revealed without breach.

Perfect timing, I love tuesdays! - Dominos delivery has arrrrrrrrrrrrrrrived! Ciao Amigos x

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