---
title: 'Lecture 11 Law of Confidence'
disqus: hackmd
---

:::info
ST2502 Computer Law & Investigation
:::

Lecture 11 Law of Confidence
===

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## Table of Contents

[TOC]

Law of Confidence
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- law protects wide range of confidential info
- confidential info can be commercial & technical/industrial secrets, gov secrets & personal secrets
- based on english common law
- not codified (arranged according to plan)
- elements
- info must be confidential
- must be imparted in circumstances importing an obligation of confidence
- unauthorised use of info

### Information must be Confidential
- categories of info
- info not under public domain
- trade secrets
- technical secrets - software, hardware, specifications, formulas
- business secrets - pricing policies, customer lists
- gov secrets
- gov policies, statistics, info under official secrets act
- criminal records
- staff strength in army, navy & air force
- economic policies & stats
- __info must be by nature confidential__ - no bullshit
- some personal secrets
- not protected secrets are
- grossly immoral confidences
- Eg. clinton & monica lewinsky's affair
- trivial matters
- Eg. info abt movie/TV stars
- info in pub domain
- pwner made it public - not confidential anymore
- info under public domain
- info that is public property & pub knowledge/common knowledge
- once info enters pub domain, it loses its confidentiality
- made freely avail to public by owner is not ocnfidential
- Eg. Mustad V. Allocock - publishing a patent specification means confidential info has been disclosed
- mobile phone num

### Obligation of Confidence
- confidential info imparted in circumstances importing an olbigation of confidence between confider & confidant
- once person realise that info given in confidence, its sufficient to impose upon him the equitable obligation of confidence
- obligation of confidence also imposed when confidential info disclosed for limited purpose
- Eg. consultant programmer, under duty to use info for limited/specific purpose
- also imposed in
- express contract (express term)
- employer/employee relationships
- obligation owed by employees
- r/s with indenpendent contractors
- professional r/s
- __note__ - obligation of confidence not dependent upon existence of any contractual r/s or contractual terms
- obligation can arise out of equity (being fair)

### Unauthorised Use
- plaintiff must prove defendant made unauthorised use of info
- confidential info came from plaintiff
- disclosure/use inconsistent with limited purpose for which info was given
- use of confidential info w/o plaintiff's consent

Liability
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### Civil Liability
- injunction (authoritative warning or order)
- damages/accs for profits

### Criminal Liability
- Eg. official secrets act
- person who is guilty of offecne under this act by reason of section 3 (spying) shall be liable on conviction to fine not exceeding $20,000 & imprisonment for term not exceeding 14 years

#### Examples
- On Nov 10, Ng Han Yuan, 25, an estate manager with HDB’s resale operations section, was charged with allegedly sharing confidential information with Ms Janice Tai - a reporter from The Straits Times - on a resale portal which the board is developing
- https://www.todayonline.com/singapore/official-secrets-act-covers-more-just-secret-information-experts
- Ex-SIA pilot fined S$3,000 for forwarding photo of dead maid to WhatsApp group
- identity of dead maid shld be protected
- https://www.todayonline.com/singapore/ex-sia-pilot-fined-s3000-forwarding-photo-dead-maid-whatsapp-group

###### tags: `CLI` `DISM` `School` `Notes`