Police Investigations, Privacy and the Marcel Principle in Breach of Confidence

Abstract

This article argues that courts wanting to impose liability for the disclosure of information about police investigations into an individual's conduct should apply the Marcel principle in breach of confidence rather than the misuse of private information tort. It argues that the wrong at the heart of these cases is not that private information is disclosed but that sensitive information held by the police has ended up in the hands of the media. It suggests that the Marcel principle is particularly useful in dealing with these types of disclosures since it creates obligations of confidence whenever information of a personal or confidential nature is "obtained or received in the exercise of a legal power or in furtherance of a public duty".

Keywords: Marcel principle, privacy, breach of confidence, misuse of private information

JEL Classification: k10, k13