What does it mean to give information “implicitly or explicitly in confidence?
The term “in confidence” usually describes the relating or reporting of private matters in a situation of mutual trust. To supply information “implicitly in confidence” means that the confidentiality is understood even though there is no actual statement of confidentiality, agreement or other physical evidence of the understanding that the information will be kept confidential. In such cases, all relevant facts and circumstances need to be examined to determine whether or not there is an understanding of confidentiality. To supply information “explicitly in confidence” means there is physical evidence which indicates that information was supplied on an understanding it would be kept confidential.
