| Commentary

118 Obligation of confidence

| Commentary

118 Obligation of confidence

The obligation of confidence could in some circumstances be implied by context1, and the obligation would exist even if the information is worthless2. There was no requirement for the information to be in tangible form3 and, although the information was required not to be common knowledge in order to qualify for confidentiality protection4, it was permissible for it to have had some circulation5. The different categories of information capable of being protected by confidentiality included technical secrets6, know how7, recipes8 and business secrets, including cost and management accountants’ reports9. Where artistic and literary confidences were concerned,

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