Reference: FS50441903342. Names of some officials and other personal data was redacted underthe section 40 exemption (personal information).4. The complainant requested an internal review on 8 February 2012.5. The ICO presented the findings of its internal review on 2 March 2012 atwhich point it upheld its original position in relation to sections36(2)(b)(ii) and 42.
Scope of the case
6. The complainant contacted the Commissioner to complain about thedecision to refuse his request under section 36(2)(b)(ii) and section 42of the Act. The complainant did not challenge the ICO’s application of section 40.
Reasons for decision
Section 42 – legal professional privilege7. The Commissioner has first considered the application of section 42which provides for an exemption for information in respect of which aclaim to legal professional privilege could be maintained in legalproceedings.8. Legal professional privilege is a common law concept that protects theconfidentiality of communications between a lawyer and client. It hasbeen described by the Information Tribunal as:
“a set of rules or principles which are designed to protect theconfidentiality of legal or legally related communications and exchangesbetween the client and his, her or its lawyers, as well as exchangeswhich contain or refer to legal advice which might be imparted to theclient, and even exchanges between the clients and third parties if suchcommunication or exchanges come into being for the purpose of preparing for litigation.”
Bellamy v The Information Commissioner and the Secretary of State for Trade & Industry[EA/2005/0023], para. 9.