ABSTRACT
Are secrets ‘property’, and does it matter? The first question has troubled breach of confidence scholars throughout the history of the equitable doctrine.2 The answer to the second has been largely assumed. In addressing both it would help if we had a better understanding of the reasons why confidential information is protected3 – reasons which may vary depending on the kind of information and circumstances of use. So far, only limited and patchy attention has been given to mapping out the complex mix of rationales that lie behind the field of confidential information law in Anglo-Australian jurisdictions.
