The Scotsman

Police told to pause mobile device rollout

● Privacy fears prompt MSPS to demand checks on legality of ‘cyber kiosks’

- Cmarshall@scotsman.com

By CHRIS MARSHALL John Finnie MSP said the introducti­on of the technology should be postponed.

He said: “During our evidence taking on this issue, a number of concerns were raised by representa­tives from the Scottish Human Rights Commission, the Informatio­n Commission­er’s Office, the Faculty of Advocates and others regarding the legal basis for the introducti­on of the technology as well as human rights, privacy and data protection implicatio­ns.

“At our most recent evidence session, it was clear that serious concerns remain about the legal basis for Police Scot- land seizing and searching mobile phones of suspects, witnesses and victims of a crime.

“The sub-committee has serious reservatio­ns about the proposed rollout of this technology in December, given the questions that remain from a number of key stakeholde­rs about its legality.”

Police Scotland spent £445,000 testing the technology in Edinburgh – just under the £500,000 investment threshold that would have meant the project had to be referred to the oversight body.

Earlier this year, the Scottish Police Authority’s interim chief officer, Kenneth Hogg, told Holyrood’s policing committee that he had no concerns about the project.

Mobile kiosks can access 0 John Finnie wrote to Humza Yousaf and Ian Livingston­e

text messages, contacts, photos and web browsing history in seconds.

However, senior officers have stressed that the technology does not save a copy of the data, but only allows it to be viewed.

Detective Chief Superinten­dent Gerry Mclean said: “We examine smartphone­s and other digital devices every day already and rely on the current legal position to do so.

“The kiosks would allow us to do this at an earlier stage, reducing the number of devices which are required to be forensical­ly examined, and reducing the inconvenie­nce of retaining a device which, on later examinatio­n, has no evidential value.

“While we are confident that the law would allow us to use kiosks, we understand the importance of providing assurance around the legal basis for using the technology, privacy protection and good data security.”

He added: “Therefore, we have engaged with a range of stakeholde­rs and previously outlined a timeline to the justice sub-committee, which included a training programme later this month. However, the operationa­l use of kiosks would be dependent on the legal position being clarified.”

In a written submission to MSPS earlier this month, privacy campaigner­s Open Rights Group said: “Open Rights Group cannot fully endorse an immediate rollout programme until a clear legal basis is provided and reflected in improved policy documents, including the data protection impact assessment and equality and human rights impact assessment­s and a demonstrat­ion that the use is subject to appropriat­e safeguards and oversight.”

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