Breach of confidentiality – There is no ‘off-the-record’!

23-03-2017

Author: Joanelle O’Cleirigh, Colin Rooney, Shane McCarthy



The UK Supreme Court has found that a public body, HM Revenue & Customs (“HMRC”), breached its duty of confidentiality to a taxpayer after a senior official disclosed confidential information to journalists which was later published in a national newspaper (R (on the application of Ingenious Media Holdings plc and another) v Commissioners for Her Majesty’s Revenue and Customs [2016] UKSC 54).

The decision offers valuable guidance for organisations in respect of the duty of confidentiality owed to third parties.  Though not binding on the Irish courts, this decision may be of persuasive authority and organisations involved in the handling of client / third party information should take note.

Read the full briefing here.

 

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