Law Society urges protection for privilege in investigatory powers legislation

In evidence to the joint committee considering the Bill, Chancery Lane’s expert witness, Colin Passmore, said:

• LPP was a vital principle of the administration of justice. It was "a cornerstone of society governed by the rule of law that people can consult a legal adviser in absolute confidence".
• In every single statute that conferred investigatory powers there was always a provision that actively protected legal privilege. The Bill under consideration was unique in that there was nothing in it that protected legal privilege.
• Protection for LPP – from the activities of public authorities seeking to use investigatory powers – should include all forms of investigatory powers, including the acquisition of communications data.
• There should be provisions that ensure that the deliberate targeting of legally privileged communications, material, information and data is unlawful.

Passmore is senior partner of City law firm Simmons & Simmons and author of Privilege.

The Law Society is to submit shortly its consultation response on the Bill, detailing further its concerns.

Chancery Lane said: “Legal professional privilege is a vital part of the administration of justice. It protects a client's fundamental right to be candid with their legal adviser without fear that someone is listening in or can gain access at some future date to what has been said.”