Part II Powers of Entry, Search and Seizure

Search warrants

11 Meaning of “excluded material”.

(1)

Subject to the following provisions of this section, in this Act “excluded material” means—

(a)

personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;

(b)

human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;

(c)

journalistic material which a person holds in confidence and which consists—

(i)

of documents; or

(ii)

of records other than documents.

(2)

A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—

(a)

to an express or implied undertaking to hold it in confidence; or

(b)

to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.

(3)

A person holds journalistic material in confidence for the purposes of this section if—

(a)

he holds it subject to such an undertaking, restriction or obligation; and

(b)

it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.