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The existence and scope of the duty of confidentiality were defined in Tournier's case. The duty extends beyond information obtained from the details of the customer's account; it includes any information that is obtained from the banking relations of the bank and its customer. The duty is not absolute, but only Bankers L.J. attempted any classification of the circumstances where the banker should disclose otherwise privileged information. He listed four such circumstances: * where disclosure is under compulsion of law; * where there is a duty to the public to disclose; * where the interests of the bank require disclosure; and * where the disclosure is made by the express or implied consent of the parties. These qualifications are not as clear cut as they may first appear. The resulting ambiguity may leave the banker in the insidious position of having to choose between the contractual duty of confidentiality and an uncertain legal or moral duty that requires disclosure of the customer's affairs.
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