06 - Regulatory investigations
Can governmental regulators require a privileged document to be provided to them?

Under the Professional Code of Conduct, where a governmental regulator requires a lawyer to disclose documents (e.g., in the case of inspections ordered by the public prosecutor/district attorney in charge of a criminal investigation, or in the case of ordinary raids by authorities such as the Tax Police, Antitrust Authority, Privacy Authority, etc., who are responsible for conducting random inspections to make sure that companies comply with the law), the lawyer can refuse to provide any confidential documents that are subject to professional secrecy. Similarly, the Italian Criminal Code also protects professional secrecy. Only a court order can compel an attorney to disclose documents protected by professional secrecy to a government regulator. This may occur when a judge, after investigation, finds that professional secrecy does not apply because the documents were obtained or drafted for a reason unrelated to the exercise of the lawyer's profession.