Chief snooper

CAM­PAIGNER’S PHONE WARN­ING TO PO­LICE Ex­pert wants spy law change

Sunday Mail (UK) - - Front Page - Norman Sil­vester

A civil lib­er­ties cam­paigner has called for the law to be changed be­fore po­lice can ac­cess mo­bile phones taken from sus­pects.

So­lic­i­tor Scar­let Kim has been in­vited to take part in a steer­ing group set up to ad­vise Po­lice Scot­land on a code of con­duct on phones.

She urged the Scot­tish Govern­ment to tighten up leg­is­la­tion be­fore Po­lice Scot­land start us­ing their con­tro­ver­sial cyber kiosks.

The force spent more than £300,000 on the de­vices, which al­low them to by­pass pass­words and en­cryp­tions while search­ing for ev­i­dence.

But Kim – le­gal of­fi­cer for Pri­vacy In­ter­na­tional, who cam­paign against state in­tru­sion – said cur­rent laws let of­fi­cers go on “fish­ing expeditions” any time they seize a phone.

She wants them to be forced to ob­tain a war­rant be­fore they can ac­cess in­for­ma­tion.

Kim has called on Holy­rood to copy the US. In 2014, its Supreme Court made it il­le­gal for en­force­ment agen­cies to seize and search a mo­bile phone with­out a war­rant.

Kim said: “If you need a war­rant to search a per­son’s house, why not a phone?”

De­tec­tive Chief Su­per­in­ten­dent Gerry McLean said: “We have been open and trans­par­ent about the pro­posed pur­pose of cyber kiosks and we have en­gaged with politi­cians, unions and part­ners from the jus­tice sec­tor ahead of their po­ten­tial im­ple­men­ta­tion.”

In 2016, Po­lice Scot­land were found to have har­vested mo­bile data with­out proper author­ity in search of Sun­day Mail sources,

Wat chdog s s a id t he y ha d con­tra­vened the Euro­pean Con­ven­tion of Hu­man Rights by get­ting the data with­out a judge’s per­mis­sion.

The breach came af­ter we re­vealed a for­got­ten sus­pect in the Emma Cald­well mur­der in­ves­ti­ga­tion.

CODEBREAKER Cyber kiosk, above, Scar­let Kim, be­low, and left, mo­bile is im­pounded for ev­i­dence

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