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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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