Improperly sharing confidential information violates the tort of
The correct answer and explanation is:
Correct Answer: Invasion of Privacy
Improperly sharing confidential information violates the tort of invasion of privacy, specifically under the category of public disclosure of private facts.
Explanation (300 words):
In civil law, a tort is a wrongful act that causes harm to another and can lead to civil legal liability. The tort of invasion of privacy is intended to protect individuals from unwarranted intrusions into their personal lives. There are four recognized types of invasion of privacy torts:
- Intrusion upon seclusion
- Public disclosure of private facts
- False light
- Appropriation of name or likeness
Among these, public disclosure of private facts is most directly related to the improper sharing of confidential information. This tort is committed when someone publicly reveals truthful but private information about a person that is not of legitimate public concern, and which would be offensive to a reasonable person.
For example, if a hospital employee reveals a patient’s medical condition without consent, it may be considered a violation of both medical privacy laws (like HIPAA in the U.S.) and a tortious act under invasion of privacy. Similarly, if an employee at a company discloses a coworker’s personal financial or health information, they could be held liable for this tort.
The key elements to prove this tort are:
- The information shared was private.
- There was public disclosure (beyond just a few people).
- The disclosure would be offensive to a reasonable person.
- The information is not of legitimate public concern.
Sharing confidential information can result in emotional distress, reputational damage, and in some cases, financial loss. Victims may sue for damages to compensate for the harm caused by the unauthorized disclosure.
Thus, sharing confidential information without permission is not just unethical or unprofessional—it is a legal issue that can result in serious consequences under the tort of invasion of privacy.