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Freedom of Information Act 2000 and EIR 2004: Legal Professional Privilege, the Law Officers’ Convention, Public Interest Balancing, Waiver and ICO Powers
PRACTICE NOTES
Freedom of Information Act 2000 and EIR 2004: Legal Professional Privilege, the Law Officers’ Convention, Public Interest Balancing, Waiver and ICO Powers
The Freedom of Information Act 2000 (FIA 2000) grants a general public right to access information held by public authorities, requiring each authority to confirm if the requested material is held and, where it is, to supply that information. This access right is not unrestricted, and FIA 2000 contains several exemptions reflecting circumstances where disclosure could harm the proper functioning of the public sector. Legal professional privilege Legal professional privilege is a legal rule safeguarding communications connected to securing legal advice. There are two forms of legal professional privilege—legal advice privilege and litigation privilege. Legal advice privilege covers communications between a client and their lawyer that form part of the process of providing legal advice. This privilege applies regardless of any actual or contemplated court proceedings. By contrast, litigation privilege only arises when litigation is a reality or reasonably in prospect, and it extends beyond
Public Law
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