Data Protection Act 2018

Matters exempt from inspection and seizure: privileged communications

11 (1) The powers of inspection and seizure conferred by a warrant issued under this Schedule are not exercisable in respect of a communication which is made—

(a) between a professional legal adviser and the adviser’s client, and

(b) in connection with the giving of legal advice to the client with respect to obligations, liabilities or rights under the data protection legislation.

(2) The powers of inspection and seizure conferred by a warrant issued under this Schedule are not exercisable in respect of a communication which is made—

(a) between a professional legal adviser and the adviser’s client or between such an adviser or client and another person,

(b) in connection with or in contemplation of proceedings under or arising out of the data protection legislation, and

(c) for the purposes of such proceedings.

(3) Sub-paragraphs (1) and (2) do not prevent the exercise of powers conferred by a warrant issued under this Schedule in respect of—

(a) anything in the possession of a person other than the professional legal adviser or the adviser’s client, or

(b) anything held with the intention of furthering a criminal purpose.

(4) The references to a communication in sub-paragraphs (1) and (2) include—

(a) a copy or other record of the communication, and

(b) anything enclosed with or referred to in the communication if made as described in sub-paragraph (1)(b) or in sub-paragraph (2)(b) and (c).

(5) In sub-paragraphs (1) to (3), the references to the client of a professional legal adviser include a person acting on behalf of such a client.