Legal Privilege And Regulators – The DPC Speaks

Data controllers and processors will be interested in a number of aspects of the Data Protection Commission's 2020 Annual Report, not least the potential insight it provides into the Data Protection Commission's developing views on legal professional privilege and how it assesses, and very often challenges, a refusal to provide documentation on the grounds that it is privileged.

Does the Data Protection Act 2018 recognise legal privilege?

Yes, the Data Protection Act 2018 provides that controllers or processors under investigation by the DPC do not have to hand over privileged information. While the Act confirms the right to legal privilege, the right also exists outside of statute and is recognised as a fundamental right.