Derivative evidentiary privilege prevents compelled production of documents or electronic records where the entitled person withholds consent. Section 131 preserves derivative evidentiary privilege by barring compelled production of documents in a person's possession or electronic records under ... Summary
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Derivative evidentiary privilege prevents compelled production of documents or electronic records where the entitled person withholds consent.
Section 131 preserves derivative evidentiary privilege by barring compelled production of documents in a person's possession or electronic records under that person's control when another person could refuse their production if they possessed or controlled them. Compulsion is permitted only where that other person consents to production. The protection follows the entitlement to withhold the material rather than the identity of its current holder or controller.
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