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20/01/2025 Publication: The questioner and I were in the virtual room alone together. Or were we?
We all have an implicit understanding of what “confidential” means, but in practice it’s open to misunderstanding – fortunately, the law can help.
Read Olivia’s article “The questioner and I were in the virtual room alone together. Or were we?” published in issue 365 of PC Pro, available to buy now. PC Pro website: pcpro.co.uk.
20/01/2025 Publication: The devil’s in the detail: the LPP exemption to the Right of Access
The legal professional privilege exemption to the right of access feels like it should be a quick and easy one to apply.
Compared to others under the UK Data Protection Act 2018, it has a lot of things going for it. At only four lines long, it is concise and easy to understand. Any organisation can use it, and it does not have conditions to be met in the DPA, nor a tricky balancing assessment. Nor does it have tests to apply which may change over time. And legal professional privilege is a well-established legal concept.
But this latter point leads to a problem. Yes, it is a well-established legal concept, but it is also a very complex concept under common law. It is neither concise nor easy to understand, and there are conditions to be met. Privilege may also be lost or waived, so protection may change over time. Applying the exemption requires interpretation of over 400 years of common law.
Read the full article: “The devil’s in the detail: the LPP exemption to the Right of Access” – abridged version also published in Volume 25 Issue 3 of the PDP Privacy and Data Protection Journal (http://www.pdpjournals.com).
