The Law of Confidential Information is both a distinct area of law and one that overlaps with other legal regimes protecting personal or proprietary information, and balancing countervailing interests in its disclosure. Topics to be covered may include: 1) history of overlap and divergence between privacy and confidentiality; 2) breach of confidence versus violation of privacy – conceptualizing harms; 3) confidentiality in context – professional obligations, trusts, data custodians; 4) confidentiality in litigation – overlap and differences between privilege and confidentiality; 5) trade secrets; 6) non-disclosure agreements, and other contractual obligations of confidentiality; 7) criminal law regarding protection of secrets, confidentiality, and exploitation (e.g. blackmail, non-consensual distribution of intimate images); 8) the right to access government information containing confidential information; and 9) public interest disclosure of confidential information (e.g. whistleblowers).
Anti-requisite: LAW 6164 - The Law of Confidential Information
Video conference only
Course Section: A