header-logo header-logo

10 May 2018
Issue: 7792 / Categories: Legal News , Data protection
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll