Data Protection Act 2018

Legal privilege

162. The rights and obligations provided for in—

(a) Articles 12 to 22 and 34 of the Data Protection Regulation (as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22), and

(b) sections 87 , 90 , 91 , 92 and 93 and section 71 , insofar as it relates to those sections,

do not apply—

(i) to personal data processed for the purpose of seeking, receiving or giving legal advice,

(ii) to personal data in respect of which a claim of privilege could be made for the purpose of or in the course of legal proceedings, including personal data consisting of communications between a client and his or her legal advisers or between those advisers, or

(iii) where the exercise of such rights or performance of such obligations would constitute a contempt of court.