How am I protected if I experience a breach of confidentiality?

21 July 2026

A breach of confidentiality is when information is passed to others when it should have been kept a secret.

The impacts of breaches of confidentiality can be felt by businesses and individuals, involving personal information, trade secrets and sensitive commercial data.

This carries a deeply emotional impact due to the loss of trust and feelings of betrayal, leaving individuals anxious about how far information has spread.

In many cases, when confidential information has been leaked, it is very hard to reverse the damages. So, how protected are you if you experience a breach of confidence?

How do you prove a breach of confidentiality?

The types of information that can be classified as a breach of confidentiality are broad, applying to both private and commercial circumstances.

Having a confidentiality agreement in place means that what is classified as confidential and what counts as a breach have already been defined in writing.

However, not having terms in place makes it more difficult to prove an obligation of confidentiality existed at all.

It is not impossible to take legal action for a breach of confidentiality without a contract in place, but the individual must be able to prove:

1. Confidential and sensitive information was conveyed

This covers confidential and sensitive information that was not in the public domain or common knowledge but required a degree of secrecy.

2. The information had an obligation of confidentiality

Where no formal confidentiality agreement exists, the circumstances must be analysed alongside a ‘reasonable person test’.

This test is designed to establish whether a ‘reasonable person’ would have realised that the information given to them was in fact confidential.

3. The information was misused, having negative consequences on the individual.

After the first two conditions are met, there needs to be proof that the person receiving the confidential information misused it or passed it to someone else without consent.

What are some legal remedies?

If you have met the criteria above and believe you have reasonable grounds for a claim, you can begin to explore what legal action can be taken.

The types of legal claim for breaches of confidentiality often result in either:

• Injunctions – These stop confidential information from being disclosed or further spread. When a claimant believes that an individual has their confidential information and they plan to disclose it, they could file for an injunction. An injunction legally prevents the release of this information, but only if they can prove there was a real risk of disclosure in the first place.
• Damages and an account of profits – These help to reclaim profits made by the breach. Profits and damages can compensate the claimant if trade secrets were released or where a claimant planned to use the information to make profits. The loss of profits resulting from this privacy breach is considered when calculating compensation.

Instructing a solicitor to deal with a breach of confidence

Experiencing a breach of confidentiality can be a stressful time for many businesses and individuals who feel vulnerable after a clear breach of trust.

Speaking to a solicitor that can help you with your circumstances is important for getting the expertise needed to protect your rights and make a claim.

A legal professional can act as a buffer between you and the situation, whilst giving you the confidence that you’re doing what you can to make things right.

If you have experienced a breach of confidentiality, or you think you might have shared information you shouldn’t have, please contact us for expert advice on your situation.