‘Significant concerns’ over police harvesting mobile phone data

Concerns have been raised that controversial technology which allows police to quickly harvest data such as pictures and messages from mobile phones may not be legal.

Police Scotland is due to begin a national rollout of so-called cyber kiosks which allow officers to see information on mobiles belonging to suspects and witnesses.

The national force has spent £445,000 on the technology – just under the £500,000 investment threshold which would have meant the project had to be referred to an oversight body.

The national rollout, which follows a trial in Edinburgh, is planned for November, but MSPS yesterday heard concerns relating to privacy and human rights.

David Freedland, a senior policy officer in the Information Commissioner’s Office, said the watchdog had not yet been assured that the processes involved are “lawful”.

And Diego Quiroz, of Scottish Human Rights Commission, told Holyrood’s justice sub-committee on policing that there remained “significant concerns” about the kiosks, which he said had the ability to access biometric data and journalistic material which is legally privileged.

Detective Chief Superintendent Gerry Mclean told the committee the devices would not extract or store the data, and said he was confident the technology is legal.

But Mr Quiroz told MSPS it was possible to find more private information on a phone than in a person’s “bedroom or house”, a search which would require a warrant.

He said: “The commission would not be satisfied if there wasn’t similar legal safeguards as to when you search a house.”

Police Scotland has invested in a total of 41 of the cyber kiosks, which are also referred to as “digital device triage systems”.

MSPS were told the use of the kiosks ran the risk of “collateral intrusion,” where other people’s information – not just that belonging to the owner of the phone – could be seen by police.

The committee’s convener, John Finnie, said Police Scotland had done its work “back to front” by carrying out the Edinburgh trial without first carrying out assessments of the technology.

Mr Mclean told the committee that Police Scotland would only press ahead with the national rollout once all the legal concerns had been addressed.

“If there’s no legal basis for us to continue with this technology, then we will not proceed,” he said.