Police will soon be able to hack phones

Cyber kiosk gizmos go live on Monday but are they legal?

POLICE are going ahead with a scheme allowing them to hack into mobile phones – despite fears it may be illegal.

The so-called cyber kiosks – or ‘digital triage devices’ – will be deployed across Scotland from Monday.

They enable the user to override encryption on devices such as mobile phones and tablets. The introduction was delayed as MSPs called for reassurances the technology was lawful.

Police Scotland said some experts still believe the ‘legal basis for device examination is not sufficiently clear’.

But the force is ‘confident’ existing law ‘supports the use of digital triage devices’, and has bought 41 at a cost of £370,684.

It is expected all will be operational before May 1.

Police Scotland believes having the kiosks will allow investigations to progress more quickly.

Officers will only examine someone’s mobile or tablet when there is a legal basis and it is ‘necessary, justified and proportionate’ to the crime that is being investigated.

Deputy Chief Constable Malcolm Graham said: ‘We are committed to providing the best possible service to victims and witnesses of crime. This means we must keep pace with society.

‘People of all ages now lead a significant part of their lives online and this is reflected in how we investigate crime and the evidence we present to courts.

‘Many online offences disproportionately affect the most vulnerable people in our society, such as children at risk of sexual abuse, and our priority is to protect those people.’

People whose phones are taken for examination in the kiosks can ‘refuse or withdraw [their] consent at any time’.

Last year, Justice Secretary Humza Yousaf said police should seek ‘maximum public reassurance’ over the kiosks – or potentially face costly court action.

A paper submitted to the Scottish Police Authority, which meets in Edinburgh on Friday, states it ‘remains the opinion of some agencies including Scottish Human Rights Commission and Privacy International that the legal basis for device examination is not sufficiently clear... or accessible and new legislation is required’.

But it adds that ‘Police Scotland is confident that existing law supports the use of digital triage devices.’

Scottish Conservative justice spokesman Liam Kerr said: ‘Police

Scotland must be able to use the most up-to-date technology in order to keep up with criminals.

‘The question marks that remain over these kiosks must be answered to ensure criminals are prosecuted legally.

‘It would be very concerning indeed if yet another IT project ended up costing the taxpayer excessive amounts of money, but unforgivable if criminals were set free as a result of any miscalculations on that score.’

Lib Dem justice spokesman Liam McArthur said: ‘Police Scotland is pushing ahead with this new technology despite knowing the concerns that exist over whether or not there is sufficient legal basis for its use.

‘It seems inevitable that the use of cyber kiosks will be challenged and, if so, it will not reflect well on Police Scotland management if they are found to have pushed into uncharted territory without proper legal safeguards being in place.’