Amendments proposed to ‘snoopers’ charter’ to protect legal professional privilege

updated on 04 August 2016

As the Investigatory Powers Bill (otherwise known as the snoopers’ charter) continues to be debated in parliament, amendments have been proposed in the House of Lords to ensure that legal professional privilege, which is fundamental to any decent justice system, is protected.

The bill would require internet service providers and phone companies to store the vaguely termed “internet connection records” of every citizen so that they can be accessed by intelligence and law enforcement agencies. It would also allow intelligence agencies to hack the phones, computers and other devices of citizens without needing the permission of a judge.

Now, Lord Pannick QC has tabled amendments to the Bill which would safeguard professionally privileged communications between lawyers and their clients from being seen by the state. Pannick has acted on behalf of professional legal bodies, including the Law Society. Watch this space for how the Bill progresses from here.

Jonathan Smithers, president of the Law Society, said: “Legal professional privilege belongs to the client. It protects them and is the cornerstone of our justice system. Without these amendments, the Investigatory Powers Bill will fail to respect one of the most important legal principles and could undermine justice in this country. The government is working constructively with the legal profession to address legal professional privilege in the bill, and we hope this will continue as they consider these critical amendments.”