BCI Requests Centre To Specify VC Apps Which Would Ensure Confidentiality of Attorney-Client Privileged Communication [Read Minutes]

The said decision was made while considering the representation moved by Mr Akhil Hasija, seeking appropriate rules and regulations to ensure the data protection of attorney-client communication which is taking place through video-conferencing apps in light of COVID19.

The said representation was taken up in light of the order passed by the Delhi High Court on 20/07/20, in the matter of Akhil Hasija v. Bar Council of India, whereby the concerned authorities were directed to consider the prayers made in the writ petition as a representation and deal with the same in accordance with law.

In the said writ petition, Mr Hasija had asked for the formation of an Expert Committee to make appropriate rules/amendments for the protection of privileged communication between lawyers and their clients under Section 126 and 127 of the Indian Evidence Act, 1872, while using third-party applications for conducting video conferencing/virtual meetings.

While considering the suggestions made in the representation, the Bar Council of India noted that any regulation required to protect attorney-client communication on third party apps can only be effectuated by bringing an amendment to the Indian Evidence Act and the Information Technology Act.

The BCI further noted that owing to the concerns of data protection and communication confidentiality, advocates shall use WhatsApp for such having privileged communication with their clients till the time the Central Government specifies a list of apps which would ensure such protection. It further said:

'Advocates visiting their clients in jails/lockups are advised to buy an extra handset which can be provided while visiting the clients in jail and thereafter the same can be taken back sanitised and used for another client.'

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