delete The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2009
This Order regulates covert human intelligence sources (CHIS/informants) when obtaining matters subject to legal privilege. It requires additional approval from either the Secretary of State (for intelligence services, Ministry of Defence, prison service, armed forces) or an ordinary Surveillance Commissioner (other cases) before granting or renewing authorizations under RIPA 2000 for surveillance activities touching on legal professional privilege. It imposes notice requirements, detailed application contents, time limits (6 months for intelligence services, 3 months otherwise), and written decision requirements.
While this Order provides protective safeguards for legal professional privilege, it does so through bureaucratic approval mechanisms that impose significant administrative burden on law enforcement and intelligence agencies. The same protective end could be achieved through simpler means such as warrant requirements or evidentiary exclusions. Deletion would restore efficiency to investigations while preserving legal privilege protections through alternative, less costly mechanisms.