SSS · Authority & Inspection Contact

Do we have to hand over every document the authority asks for?

No. The duty to produce documents is limited by the legal basis of the request and by its scope. An inspecting authority’s powers relate to a particular subject and period, and where a requ…

Updated · July 20261 min readCategory · Authority & Inspection Contact
Short answer

No — a request is limited by its legal basis and its scope; disproportionate requests can be narrowed. Privileged and trade-secret content must be screened out before anything is handed over.

No. The duty to produce documents is limited by the legal basis of the request and by its scope. An inspecting authority’s powers relate to a particular subject and period, and where a request goes beyond that frame, is unrelated to the subject or is disproportionately broad, you can ask for the scope to be narrowed. The content also needs to be screened before it goes out: legal opinions and defence correspondence within the lawyer-client relationship, information that constitutes a trade secret, and personal data falling outside the scope of the request each need to be considered separately.

At the same time, unjustifiably delaying a legitimate request from a competent authority, or concealing documents, is a separate ground for sanction under most regimes. The right posture is therefore not refusal but production in the correct scope and on the record. In practice we recommend having the request clarified in writing, listing what is handed over in a delivery record, and marking material as confidential or trade-secret where that applies.

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This content is for general information only and does not constitute legal advice. Please contact our team for an assessment of your specific circumstances.
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