What must be present for information to be considered confidential?

For information to be classified as confidential, it is essential that it is shared under circumstances that create an obligation of confidence. This means that the individual who receives the information understands that they are expected to keep it secret and not disclose it to others. Confidential information typically arises in contexts such as professional relationships, legal advice, or any setting where trust is established, and privacy is anticipated.

The requirement for an obligation of confidence helps protect sensitive information from being improperly shared or misused. This principle ensures that the individual or entity providing the information has a reasonable expectation that it will be kept confidential, forming the basis of trust that is essential in many professional and personal relations.

In contrast, widely known information, information relating to legal matters, or trivial items do not meet the criteria for confidentiality, as they either lack the necessary privacy expectation or do not carry significant weight that justifies the obligation of confidence.