BSA Section 136 — Production of documents or electronic records which another person, having possession, could refuse to produce

Summary

A person cannot be forced to produce documents they hold or electronic records they control, if some other person would have the legal right to refuse to produce those same documents or records had they been in that other person's possession or control. This protection applies only when that other person does not agree to the production.

Official Text

No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.

Referred to by

• BSA §168 — Judge’s power to put questions or order production

Old <-> New Code Mapping

• IEA §131 — Production of documents or electronic records which another person, having possession, could refuse to produce