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Duty Not To Disclose Confidential Information Notes

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This is an extract of our Duty Not To Disclose Confidential Information document, which we sell as part of our Labour Law Notes collection written by the top tier of University Of Otago students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Labour Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

19th April Tuesday, 19 April 2011 12:01 p.m.

Duty not to disclose confidential information Chicken case

* Two types of confidential information - stuff that's protectable during course of employment, and stuff that's protectable both during and after the period of employment.

* Duty of fidelity covers disclosure of any information damaging to the employer even if it is not "confidential information" in the strict sense.

* Duty not to disclose confidential information in the strict sense survives termination of the contract. New Zealand Needle Manufacture

* Shower head holder (exciting stuff!)

* Manufacturing processes of a secret nature; customer/client lists/details of market research; accounts; details of tenders; budgeting forecasts; pricing strategies; advertising campaigns = confidential information.

* Things in the public domain = things that are in the public domain or likely to go into the public domain.

* An example of information that can't be disclosed during employment, but can be

disclosed after employment = your boss teaches you how to water down drinks correctly at the bar you work at.

* Example of information that can't be disclosed ever = a drink that has been developed that has secret ingredients. Confidential information:

* "Confidential information" (in the strict sense of proprietary interest) = protected by contract and equity both during and post employment.

* Other sensitive information (trust, confidence, good faith, loyalty) = protected by contract only during employment. Coco

* (See outline for the three criteria that must be satisfied).

Lots of cases dealing with whether confidential information was misused. English court of appeal:

* Nature of employment

* Whether employees habitually handled confidential information (Did they recognise info confidential)

* Nature of information (highly confidential? More in the public domain?)

* Just labelling info confidential isn't sufficient - but could contribute to evidence. Peninsula:

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