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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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