“As mentioned earlier, section 41 is an absolute exemption. It is common ground that where section 41 arises there will nevertheless be a public interest balance. That balance does not arise under section 2. Instead, it arises because breach of confidence (which for these purposes includes a breach of privacy) will not be actionable if the defendant shows that the breach was justified in the public interest. There is a distinction here from qualified exemptions, for the burden lies on Mr Evans to show that the necessary breach is in the public interest.” 39. The parties have provided a number of additional submissions and referred to various cases on section 41(1) FOIA. From these we noted and accepted these statements of principle that: If the confidential information under consideration is about individuals then if the person with the potential cause of action is unidentifiable or can be rendered unidentifiable by suitable redaction then there may be no actionable breach of confidence.  If part of a document is covered by the duty of confidentiality a public authority should seek to apply the smallest amount of redactions it can to ensure the confidentiality is maintained with the material left unredacted to be disclosed unless another exemption applies.  In Mckennitt V Ash [2006] EWCA Civ 1714 Buxton LJ Held (at 11) ‘in order to find the rules of the English law of breach of confidence we now have to look in the jurisprudence of articles 8 and 10. Those articles are now not merely of persuasive or parallel effect but…are the very content of the domestic tort that the English court has to enforce…’ (Para 11)  Article 8 ECHR provides that 1. Everyone has the right to respect for his private and family life, his home and his correspondence 2 there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others  Article 10 ECHR states that:“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” 12