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Confidential information definition

What does Confidential information mean? In legal practice, confidential information is information not in the public domain that is protected because it was given in confidence or because disclosure is prohibited by statute or court order. It underpins duties in NDAs, employment and trade secrets protection, and is enforced through the common law of breach of confidence, typically by injunctions and damages. For local authorities in England and Wales, section 100A(3) of the Local Government Act 1972 defines confidential information for council meetings and papers as: information supplied by a government department on terms forbidding public disclosure; and information whose public disclosure is prohibited by...

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Confidentiality and privacy injunctions: interim, without notice, anonymised and super-injunctions; Article 10 ECHR, springboard relief, employment, and enforcement (England and Wales)

Practice notes
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This Practice Note sets out the core principles for securing injunctions concerning confidential information and privacy. Although other remedies exist for claimants in breach of confidence matters, stopping publication of the material by injunction is frequently the only remedy of real practical worth to the claimant. It also addresses anonymised injunctions, alongside both interim and final injunctions.

In recent years, injunctions touching on confidentiality and privacy have provoked debate. So‑called ‘super‑injunctions’ have drawn media criticism for constraining free expression; yet much of this derives from misunderstanding of what a ‘super‑injunction’ actually signifies and from the false sense that such orders are far more common than they are. This Practice Note explains the overarching principles for obtaining relief in this field.

For further material on privacy injunctions, see the following Practice Notes:

  • Privacy law—misuse of private information
  • Misuse of private information and related claims
  • Privacy law—remedies
  • Practical and procedural matters in privacy proceedings
  • Applications for interim injunctions for breaches of privacy

Interim injunctions

Interim injunctions enable claimants who become aware of impending disclosures to act...

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Web page updated on 21/05/2026

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