Commercial Confidences after the Human Rights Act
European Intellectual Property Review, 2007
22 Pages Posted: 16 May 2014
Date Written: 2007
The Human Rights Act 1998 (UK) (‘HRA’) has been a catalyst for courts significant reshaping of the action for breach of confidence in the area of private and personal information. But the extent to which the HRA affects confidential obligations in the commercial field is at present unclear and has attracted much less academic discussion. The purpose of this article, therefore, is to consider how the HRA impacts upon commercial confidences. It is argued that there are four main areas in which the influence of the HRA might or will be felt. These are the confidentiality of the information, the imposition of an obligation of confidence, the public interest defence and the granting of interim injunctions.
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