Part 4: Confidentiality and the duty of disclosure (Sub‐group 4: Impact of the initiatives on other areas of the law)

Abstract

Examines the consequences of disclosing confidential information in the context of provisions of Sections 19 and 20 of the Terrorism Act 2002. Covers criminal law, intermediate law, and civil law, including common law and equitable duties of confidence, defences, and remedies, and the foreign element. Analyses the scheme of Sections 19 and 20 and the relationships between them, breach of obligations and defences against it in English law, removal of defences and additional defences, unfounded suspicions and remedies, remedies, uncompensated and compensated loss of rights. Concludes that although the Act may function well as a criminal law statute, it is not necessarily so good at dealing with the civil issue of breach of confidentiality: despite the defences to breach of confidence claims in Sections 19 and 20, civil entities are at risk.

Citation

(2003), "Part 4: Confidentiality and the duty of disclosure (Sub‐group 4: Impact of the initiatives on other areas of the law)", Journal of Money Laundering Control, Vol. 6 No. 3, pp. 248-254. https://doi.org/10.1108/13685200310809572