The test is an objective one (both for privacy and breach of confidence) and the importance of that has recently been underlined by the Court of Appeal in Napier v Pressdram Ltd [2009] EWCA Civ 443 at [42], where Toulson LJ commented: ??? For a duty of confidentiality to be owed (other than under a contract or statute), the information in question must be of a nature and obtained in circumstance