A ruling of the Court of Justice of the European Union has been welcomed as providing protection against the interception of legally privileged material.
In two cases, Secretary of State for the Home Department v Watson and a case referred from the Swedish courts, the court ruled that EU law precludes national legislation that prescribes general and indiscriminate retention of data. The UK case was brought over the legality of GCHQ’s bulk interception of call records and online messages; the decision has implications for the recently passed Investigatory Powers Act 2016.
The Law Society of England & Wales was permitted to intervene in the Watson case over its concern about surveillance legislation enabling sensitive information to be deliberately or inadvertently intercepted. Its President, Robert Bourns, commented that the ruling “strongly supports the need to protect sensitive information such as legally privileged material, which is private information belonging to the client, and to ensure it is accessed only when absolutely necessary, with robust and independent oversight”.
In this issue
- Private prosecution: the Glasgow Rape Case revisited
- The commercialisation of space
- Feminism: all is not what it seems…
- Retaking the narrative on complaints
- Reading for pleasure
- Opinion: Alan McIntosh
- Book reviews
- President's column
- RoS riding to the four (hundred)
- People on the move
- Scot in the European hot seat
- When partners fall short
- Uber: a great gig?
- Brexit: the end of cross-border practice?
- Closing in: the gender pay gap rules
- Simple procedure – it's complicated
- When changing the defender is OK
- Solemn procedure: beware the changes
- Divorce and the new state pension
- Delivery of alcohol: a “game changer”?
- A tale of two "Budgets"
- Scottish Solicitors' Discipline Tribunal
- "One-shot" rule sees rejection income soar
- Law without frontiers
- CJEU decision supports LPP protections
- Society thank-you for STARTS support
- From the Brussels Office
- Law reform roundup
- Expertise plus: promoting a sector strength
- Paralegal pointers
- What to do about client interest?
- Still free to market?
- New year, new contact
- Ask Ash
- Paying homage to King Cash