Lawstreet Journal

Plea in Delhi High Court Seeking Directions to Protect Privileged Attorney-Client Communications on Third-Party Apps

Lawstreet Journal 16 Jul 2020 10:56pm

Image courtesy: Lawstreet Journal Judiciary Plea in Delhi High Court Seeking Directions to Protect Privileged Attorney-Client Communications on Third-Party Apps

A plea has been filed in Delhi High Court seeking directions for protection of attorney-client privileged communication that is presently taking place over virtual platforms on third-party apps. The plea suggested the constitution of an Expert Committee to look into the matter and thereafter frame rules for the same.

The petition has been filed by Advocate Akhil Hasija. It points out the communication platforms’ vulnerability towards cyber threats which can damage the reputation of a person and is potential enough to stymie the fair and impartial justice system of the country.

The problem has arisen due to the COVID-19 lockdown that has hampered the physical movements of lawyers and their clients and has subsequently made them completely dependent on online platforms with virtual communication facilities for discussing legal issues, cases, confidential information, and other related stuff. In the long term, this can prove to be counterproductive for the functioning of Courts and confidential communication shared between attorney and her clients, or even the parties to a case.

The petitioner mentioned that instead of physical meetings, virtual meetings are being conducted by attorneys and their clients over third-party applications.

He claims that a party enjoys control over the data shared and communication taken place between the attorney and her client. Such circumstances make it un-secure and receptive to misuse and criminal misappropriation thereof. This practice is indirectly in contravention to Section 126 of the Indian Evidence Act and destroys the sole intent of the said provision.

Section 126 of the Indian Evidence Act, 1872 states, “Professional Communication-… Continue Reading...

Tagged: Delhi High Court  
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