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.
