Data protection watchdog calls for controls on police mobile phone stop-and-searches
Summary
Police forces are using sensitive personal data extracted from mobile phones as a routine tool for investigating crimes when there is often no clear legal basis for doing so, a report by the information commissioner, Elizabeth Denham, has found. Studies show that during times of high trauma, such as a serious violent or sexual offfence, it is unlikely that a victim will be able to make an informed, rational decision to give consent to the police to analyse their mobile phone data, the report said. The ICO said data extracted from mobile phones can help police to acquire evidence to support a criminal investigation, including providing details of an individual’s actions, movements and state of mind. December 2019: A report by HM Crown Prosecution Service found that it can take 11 months to complete a forensic analysis of a phone during rape cases, leading to significant delays in investigations. Considering the extensive use of mobile phones in our everyday lives, and the significant amount of sensitive personal data stored on them, the public need to know that there are rules and safeguards in place – otherwise the police are left to make up their own rules.”
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