"x x x.
The legal professional bodies have issued a position paper on lawyer-client confidentiality in the context of the debate over the balance between privacy and security in the use of investigatory powers. These powers are used by law enforcement and the security and intelligence agencies and include interception of communications, covert surveillance, undercover police officers and the acquisition of communications data.
The professional bodies argue that:
- Legal professional privilege is a vital principle of the administration of justice. It is the mark of a democratic society that citizens can consult a legal adviser in absolute confidence that the information they exchange will not be disclosed without the client's authority. There are safeguards to prevent the abuse of legal professional privilege for criminal purposes.
- The current legal framework for the exercise of investigatory powers is not fit for purpose. Next month's Investigatory Powers Bill is an opportunity to consider and debate a new law.
- The new law should expressly protect legal professional privilege from the activities of public authorities seeking to use investigatory powers, including the acquisition of communications data.
- The new law should make clear that the deliberate targeting and use of legally privileged information is unlawful.
- Protecting legally privileged communications would not pose any risk to legitimate investigations because legal professional privilege does not apply where the lawyer-client relationship is being abused for a criminal purpose.
- More generally, the new law should include a system of prior judicial authorisation for all covert information-gathering by a public authority.
- Bulk interception of communications or retention of communications data is questionable in a democratic society, but if such powers are approved by parliament, there should be special provisions to protect privileged communications between lawyers and their clients.
- x x x."
