Confidential information, privacy and injunctions

Published by a ½Û×ÓÊÓÆµ Information Law expert
Practice notes

Confidential information, privacy and injunctions

Published by a ½Û×ÓÊÓÆµ Information Law expert

Practice notes
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This Practice Note deals with the general principles of obtaining an injunction relating to confidential information and privacy. While other remedies are available to claimants in breach of confidence cases, an injunction preventing publication of the relevant information is often the only remedy that has any real value to the claimant. This Practice Note also covers anonymised injunctions, and both interim and final injunctions.

There has been some controversy regarding injunctions relating to confidential information and privacy in recent years. ‘Super-injunctions,’ as they are commonly called, have been criticised in the media for fettering freedom of speech. However, much of this criticism stems from confusion as to what the term ‘super-injunction’ means and the impression that they are far more prevalent than is the case.

This Practice Note deals with the general principles of obtaining an injunction in this area. For detail on its main scope, which is injunctions for breaches of privacy, see Practice Notes:

  1. •

    Privacy law—misuse of private information

  2. •

    Misuse of private information and related claims

  3. •

    Privacy law—remedies

  4. •

    Practical and procedural

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Jurisdiction(s):
United Kingdom
Key definition:
Confidential information definition
What does Confidential information mean?

Information provided to the council by a government department upon terms forbidding its public disclosure and information prohibited from public disclosure by statute or court order (section 100A(3) Local Government Act 1972).

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