Privacy, confidential information and trade secrets

The law has long recognised the right to bring proceedings for breach of confidence, and recent court decisions suggest that actions for breaches of privacy following the Human Rights Acts 1998 will be approached on the same principles. The courts now have to take into account the Press Complaints Commission Code which prohibits unwarranted infringements of privacy as well as the right to privacy under the Broadcasting Standards Commission Code. Additionally an individual may make use of the Protection from Harassment Act 1997 where a series of articles are published.

Why You Need Us

The firm has considerable experience in protecting the rights of people whose privacy has been invaded and/or whose confidence has been breached and in defending the right to free speech. In this rapidly developing area of the law we have

• successfully obtained injunctions to restrain infringements of privacy by the press and on the Internet
  
• obtained a court order to pulp 50,000 copies of a magazine which had been published in breach of a client's privacy
  
• through our agents in South Africa obtained a search and seizure order and an injunction restraining information of a private nature from being posted onto the Internet
  
• defended magazines and publishers against claims in privacy
  
• given pre-publication advice to our clients on whether material is likely to infringe the privacy of an individual or company
  
• successfully obtained injunctions for employers against former employees from using trade secrets including injunctions against former Royal servants
  
• successfully resisted applications for injunctions and claims in damages by employers against employees who were starting up their own businesses
  
• advised on all aspects of ownership, exploitation and protection of rights in confidential databases

What Distinguishes Us From Our Competitors?

Claims in confidence and privacy are but one aspect of media law of which the firm has considerable experience. Due to our extensive knowledge we can give clear and prompt advice (in one case obtaining an injunction against the press within two hours of being instructed) and all of the partners in the firm are experienced in providing pre-publication advice to publishers.

Although many confidence and privacy actions have been reported widely in the press we have been able to obtain a number of injunctions, discreetly, where there has been no publicity thus ensuring insofar as possible that what is private remains truly private and away from the spotlight of publicity.

For information about privacy law, see our Frequently Asked Questions.

For articles on this subject, please see our Articles section.