Abstract
The Law Commission has recommended the replacement of the common law action for breach of confidence with a new tort of breach of a statutory duty of confidence and a new statutory defence of disclosure in the public interest.' The purpose of this article is to review the existing common law on the public interest defence to the action for breach of confidence and to assess the Law Commission's latest proposals on that subject. This analysis leads to the conclusion that the reforms proposed by the Commission would not remedy all the defects of the common law defence. Accordingly, the article concludes with further proposals for reform and a warning of the wider implications of the Commission's proposals on the public interest. Clause i i (I) of the Commission's draft bill is concerned with the public interest in the disclosure and use of information. It reads as follows:
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