Part 2: Lawful interception of communications Chapter 1: Interception and examination with a warrant Section 27: Items subject to legal privilege
This section sets out the safeguards which apply to the interception or selection for examination of legally privileged material authorised under this Chapter. Items subject to legal privilege can be understood as communications between a lawyer and their client, or a person representing that client, in connection with legal advice or legal proceedings. Further detail is provided in the Interception of Communications Code of Practice.
	Where the purpose, or one of the purposes, of a warrant is to obtain communications subject to legal privilege, the warrant application must make that clear. The person issuing the warrant must consider the public interest in the confidentiality of items subject to privilege. That person must be satisfied that there are exceptional and compelling circumstances which make the interception or selection for examination of these items necessary, and that there are specific arrangements in place for how these items will be handled, retained, used and destroyed. Subsection (5) provides that a warrant for the purpose of protecting the interests of the economic well-being of the UK so far as those interests are also relevant to national security cannot be issued with the purpose of targeting legally privileged material. Subsection (6) provides further detail on what may constitute exceptional and compelling circumstances.
	Where an agency applies for a targeted interception warrant and believes it is likely that they will obtain items subject to legal privilege, this must be made clear in the warrant application, including an assessment of the likelihood of obtaining such items. The person authorising the warrant may do so only if they are satisfied that there are specific arrangements in place for how such items would be handled, retained, used and destroyed.
	Subsections (11) to (13) set out the safeguards which apply when the purpose of a targeted interception or examination warrant is to authorise or require the interception or selection for examination of communications that, if they were not made with the intention of furthering a criminal purpose, would be items subject to privilege. They provide that in those circumstances the warrant application must set out the reasons for believing the communications are likely to be made with the intention of furthering a criminal purpose, and the person authorising the warrant may only do so if they consider that the communications are likely to be made with the intention of furthering a criminal purpose.