Was the information obtained by reprehensible means?
An obligation of confidence may arise if information is obtained surreptitiously or by reprehensible, unlawful or improper means.
Frankin v Giddins - "a thief who steals a trade secret, knowing it to be a trade secret, with the intention of using it in a commercial competition with its owner, to the detriment of the latter, and so uses it, is less unconscionable then a tratorous servant."
HBL Ebsworth - hackers penetrated the firms computer system using internet, threatening to disclose client information. Thus, breach.