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It has the effect of putting the receiver on notice of privacy rights that are enforceable by law. The test used to determine breach of confidence, as reiterated in Campbell v Mirror Group Newspapers Ltd is whether the information disclosed was of a confidential nature and whether there was a reasonable expectation of privacy. Here, the English House of Lords drew attention to the distinction between identifying whether information is private and identifying whether it is proportionate to prevent disclosure of such information, having regard to the competing Convention right of freedom of expression (Article 10).
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