The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note looks at what confidential information is, who it belongs to and how to protect it. It considers disclosure obligations in relation to confidential material and ways of protecting it from disclosure, inspection and being referred to in open court and the position on confidential documents disclosed for a limited purpose eg taxation. It looks at anonymisation to protect the identity of a party or witness (Rule 39.2), confidentiality rings, privacy injunctions, exemptions under the Freedom of Information Act 2000, General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) and international aspects, as well as the tension between this and other jurisdictions’ disclosure rules, as well as obligations including barristers’ obligations on accidentally receiving confidential material belonging to the other side in error.
Note: you should also consider if the proceedings are subject to the disclosure pilot in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
Information which is generally considered to be confidential includes:
personal (or private) information
journalistic, artistic or literary confidences
court-ordered settlement agreements requiring non-disclosure
information specifically identified by contract as restricted
documents produced as part of the relationship between a solicitor and his client (Anderson). For more information on legal professional privilege, see Practice Note: Legal professional
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