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10 May 2018
Issue: 7792 / Categories: Legal News , Data protection
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Data Protection Bill spells threat to law & press

Bar warns proposed changes could put client-lawyer confidentiality in jeopardy

The Information Commissioner could be granted ‘Big Brother’ powers that would pose a threat to legal professional privilege, barristers have warned.

MPs were due to debate the Data Protection Bill this week. However, the Bar Council urged MPs not to rush the legislation through Parliament without effective scrutiny since it could jeopardise the ancient right of client-lawyer confidentiality.

The Bill would allow the Information Commissioner’s Office (ICO) to access legally privileged material without the consent of the client as well as raise legal costs, according to the Bar Council.   

Andrew Walker QC, Chair of the Bar, said: ‘Key safeguards have been overlooked, for example, there is nothing in the Bill to prevent the ICO from both obtaining legally privileged material and then disclosing it to a third party for use in any sort of legal proceedings. 

‘That would run a coach and horses through the confidential nature of clients’ communications with their lawyers. The Bill is also clumsily drafted. One of the apparent “safeguards” protects lawyers from self-incrimination, but does not protect their clients themselves, who are the ones most likely to be affected.

‘In addition, a lack of proper scrutiny means that it will impose onerous and entirely unnecessary new obligations on lawyers, risk the disruption of legal proceedings, and make it more difficult for lawyers to use information provided by their clients to advise and defend them. The extra costs of all this will inevitably have to be paid by those seeking legal advice and protection.’

MPs will also vote on an amendment that would force publishers to pay claimants’ costs, win or lose, in any data protection action brought against them, unless they are a member of a state-backed regulator. Currently, the only state-backed regulator is IMPRESS. Several newspaper groups have branded the amendment an unacceptable attack on press freedom.

Issue: 7792 / Categories: Legal News , Data protection
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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