Does the law recognise the 'confidential information' contained in a database?

Big Data: Legal Challenges (Full Report)

An equitable right to enforce a duty of confidence is recognised in all major common law jurisdictions and the pre-conditions are essentially the same ⁴⁶:

1. the information has the necessary quality of confidence;
2. the circumstances in which the information is imparted are such that there is an understanding that it is to be treated as confidential, or the recipient ought to have realised that the information was to be treated in such a way; and
3. the party conveying the information must suffer a detriment as a result of the disclosure.

A particularly useful aspect of the right to confidentiality is that it will extend to third parties who receive confidential information in breach of a duty of confidence owed by the disclosing party.