Confidential information may be protected from disclosure by legislation, equitable jurisdiction or via contractual jurisdiction.
Generally it is necessary to prove that:
- an obligation of confidence existed in relation to the specific information
- the information had the necessary quality of confidence
- the use or disclosure of the information was unauthorised
- the breach resulted in damage
If the claim is a contractual claim then damages will usually be the primary remedy.
If the claim is equitable (e.g. if there is no contract) then the remedies of injunction, an account of profits, equitable damages, and delivery up are available