Woodrow Hartzog discusses developing the existing legal concept of “implied confidentiality” to help people address privacy violations. He explains:

We should have a better national dialogue about a romantic partner’s obligations of confidentiality. Salient norms of confidentiality would strengthen our relationships as well as the legal remedies for those whose trust has been betrayed.

Instead of prohibiting a certain kind of speech, confidentially law enforces express or implied promises and shared expectations. The tort of breach of confidentiality is currently very limited in scope, but could be made much more robust to sit alongside the more commonly asserted privacy torts.

I think this also fits nicely with my consent-based model–distributing a private image without consent would indeed be a breach in implied confidentiality.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s