Diving Into The Legal Abyss: Understanding Confidential Information
- Indian Journal of Law and Legal Research
- Jan 31
- 2 min read
Dr. N. Vani Shree, Principal, JSS Law College (Autonomous), Mysuru – 570023. Karnataka, INDIA
Ms. Rajeswari H, BBA.LL. B (Hons.), JSS Law College (Autonomous), Mysuru – 570023, Karnataka, INDIA
“ In almost every profession - whether it's law or journalism, finance or medicine or academia or running a small business - people rely on confidential communications to do their jobs. We count on the space of trust that confidentiality provides. When someone breaches that trust, we are all worse off for it.”
- Hillary Clinton
ABSTRACT
Confidential information represents a crucial asset. This category of information, which is not intended for public dissemination, is classified as confidential. It encompasses various elements such as facts, figures, data, knowledge, or intelligence that may possess commercial value or not, yet are undeniably significant, with any unauthorised access or use constituting a breach of confidence. Unlike other forms of intellectual property, confidential information is characterised by its specificity. The proprietor of such information must exercise vigilance and be prepared to protect it rigorously. Typically, this protection is achieved through non-disclosure agreements or confidentiality contracts, which can be enforced through civil or criminal legal actions. This document delves into the complexities of confidential information, highlighting its distinction from other intellectual property rights and its inherent connection to trade secrets. Additionally, it examines the application of these principles in India and other jurisdictions, along with the available protective measures. The rights associated with undisclosed information are classified as civil rights. Confidential information does not fall under copyright law or patent protection, necessitating a distinct legal framework for its safeguarding.
Keywords: Confidential Information, Intellectual Property Rights, Civil rights, Confidence and Secrecy.
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