Derivative documentary privilege prevents compelled production of records another person could lawfully withhold without that person's consent. Section 131 prevents compelled production of documents or electronic records held by one person when another person could lawfully refuse their production ... Summary
Derivative documentary privilege prevents compelled production of records another person could lawfully withhold without that person's consent.
Section 131 prevents compelled production of documents or electronic records held by one person when another person could lawfully refuse their production if they held or controlled them. Production may be compelled only where the person entitled to refuse consents, preserving the underlying protection despite the material being in another person's possession or control.
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