MEPs support further protection for lawyer-client communications

The European Parliament has adopted a draft resolution calling for the protection of the confidentiality of lawyer-client communications.

The draft resolution on the electronic mass surveillance of EU citizens includes recommendations by the CCBE (Councils of European Bars & Law Societies).

It underlines in particular the rights of EU citizens to be protected against any surveillance of confidential communications with their lawyers which would violate the Charter of Fundamental Rights of the European Union, notably on the right of access to a lawyer.

It states that a common definition of “national security” is required for the EU and member states to ensure legal certainty, and notes that the lack of a clear definition opens the door to abuses of fundamental rights and the rule of law by the executive and intelligence communities.

The draft resolution stresses: “Mass surveillance severely undermines the professional confidentiality privilege of regulated professions including doctors, journalists and lawyers.”

It takes note of the “action or lack of action” by the European Commission, other EU institutions and member states to follow up recommendations set out by the Parliament in March 2014 on electronic mass surveillance, and calls on the European Commission to present a communication on confidentiality in relation to professions with legal professional privilege by the end of next year at the latest.

Scottish advocate Iain Mitchell QC, who chairs the Surveillance Working Group of the CCBE, said the organisation had lobbied on the issue of professional confidentiality and privilege and was content with the outcome.

The CCBE will now liaise with the European Parliament to produce a response from the Commission.