Protecting confidential information

The Practice Notes in this subtopic consider the protection of data and information, whether that data is confidential and/or personal. The content includes:

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protecting confidential information—identifying confidential information, how it may be protected and the steps that can be taken once the confidentiality has been breached, including any remedial action through the courts
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protecting personal data—in light of the Data Protection Act 2018 (DPA 2018) and the UK General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) (and with some reference too to the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR))

The content in this subtopic is intended to provide an overview of the confidential information and data protection issues as they may arise for dispute resolution lawyers (and includes specific content on disclosure related issues). For detailed guidance on privacy, confidentiality and data protection regimes more generally, see:

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Confidential information—overview
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Privacy and misuse of private information—overview
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Data protection regime—overview

What is confidential information—general principles

What amounts to confidential information is dependant on the concepts of the duty of fidelity and what comprises information.

The protection

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