header-logo header-logo

Data Protection Bill spells threat to law & press

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll