What legal principle protects the right to sue for damages due to breach of confidentiality?

The principle that protects the right to sue for damages due to a breach of confidentiality is rooted in common law. Common law encompasses legal principles and precedents established through court decisions over time, rather than being solely dictated by statutory or regulatory frameworks.

In the context of confidentiality, particularly in healthcare, common law develops through numerous cases that recognize an individual's right to privacy and the duty imposed on professionals to maintain confidentiality regarding sensitive information. Healthcare providers, for instance, have a fiduciary duty to protect patient information. When a breach occurs—such as unauthorized disclosure of patient records—common law allows for individuals to seek damages for any harm suffered as a result of this breach.

This legal framework serves to reinforce the importance of trust in professional-client relationships, especially in healthcare, where confidentiality is paramount. Thus, the right to sue for damages due to breach of confidentiality is primarily articulated through common law principles, which rely on judicial decisions to define liabilities and rights in specific circumstances.