The Daily Telegraph

Police warned over ‘digital strip searches’

- By Charles Hymas HOME AFFAIRS EDITOR

THE informatio­n watchdog has issued a warning over “digital strip searching” of rape and sex assault victims after evidence suggested police had breached complainan­ts’ privacy.

Elizabeth Denham, the informatio­n commission­er, is investigat­ing whether police procedures for accessing victims’ mobile phones could breach their privacy and how personal informatio­n is handled and used by police and prosecutor­s.

There have been at least five alleged breaches where personal informatio­n was disclosed to the defendant by police or prosecutor­s when it should not have been.

In one Ms Denham fined Kent police £80,000 after sensitive personal details of a woman who accused her partner of domestic abuse were passed to the suspect. Police handed the defence solicitor the entire contents of the victim’s mobile phone.

She is understood to be concerned that there does not appear to be an “overarchin­g” set of rules to ensure highly-sensitive informatio­n is not disclosed to offenders or their solicitors. Yesterday a coalition of 10 civil liberties organisati­ons said police and the Crown Prosecutio­n Service’s requests to download the contents of victims’ mobile phones amounted to a “digital strip search” and were unlawful.

Ms Denham said her office had “serious concerns” about extraction of mobile phone data by the police and how it affects privacy rights.

Under forms launched after failures to disclose digital evidence, police ask victims for permission to view phone data. Police say they have to ask for all data so they can determine what is relevant. If victims do not comply, they are told prosecutio­ns may not proceed particular­ly where there are no other lines of inquiry.

Ms Denham is understood to be concerned about the “blanket” consent required by police to access data and records which include time before any crime was committed. She is also worried how consent is obtained.

James Dipple-johnstone, the deputy commission­er. told MPS: “These statements [giving consent] are often signed in the immediate aftermath and shock of the crime, and, we are told, victims can often be unclear as to what they are consenting to and why.”

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