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29 November 2007 / Susan Nash
Issue: 7299 / Categories: Features , Human rights
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Human Rights Update

LEGAL PROFESSIONAL PRIVILEGE >>
TRANSPORTING PRISONERS >>
TREATMENT IN DETENTION >>

Legal professional privilege: Search and seizure of electronic data

The complaint in Wieser and Bicos Beteiligungen GmbH v Austria (App no 74336/01) [2007] ECHR 815 related to the search and seizure of electronic data, which was obtained in breach of procedural safeguards protecting lawyers’ professional secrecy provided under national legislation. The applicants are a limited liability company and its owner and general manager, who is a lawyer.

Relying on the European Convention on Human Rights, Art 8 (the right to respect for private and family life) the applicants complained that the search and seizure of material from the general manager’s office amounted to an interference with the right to correspondence. During a criminal investigation into illegal trade in medicine, police officers conducted a search in the presence of one of the applicants and a representative of the Salzburg Bar Association.

- One group of officers searched for hard copies of files. When the applicant objected to the examination of a document, it was sealed

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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