4.17. Any case where a lawyer is the subject of an interception or
whose communications have been selected for examination in
accordance with section 16 should also be notified to the Interception
of Communications Commissioner during his or her next inspection
and any material which has been retained should be made available to
the Commissioner on request.
Handling, retention and deletion
4.18. In addition to safeguards governing the handling and retention
of intercept material as provided for in section 15 of RIPA, officials
who examine intercepted communications should be alert to any
intercept material which may be subject to legal privilege.
4.19. Where it is discovered that privileged material has been obtained
inadvertently, an early assessment must be made of whether it is
necessary and proportionate to retain it for one or more of the
authorised purposes set out in section 15(4). If not, the material
should be securely destroyed as soon as possible.
4.20. Material which has been identified as legally privileged should be
clearly marked as subject to legal privilege. Such material should be
retained only where it is necessary and proportionate to do so for one
or more of the authorised purposes set out in section 15(4). It must be
securely destroyed when its retention is no longer needed for those
purposes. If such material is retained, there must be adequate
information management systems in place to ensure that continued
retention remains necessary and proportionate for the authorised
statutory purposes.
Dissemination
4.21. Material subject to legal privilege must not be acted on or further
disseminated unless a legal adviser has been consulted on the
lawfulness (including the necessity and proportionality) of such action
or dissemination.
4.22. The dissemination of legally privileged material to an outside
body should be accompanied by a clear warning that it is subject to
legal privilege. It should be safeguarded by taking reasonable steps to
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