Campaigners are calling on the UK Government to revise the new controversial ‘digital strip search’ policy that requires victims of crime to hand in their phones for mass data downloads.

Privacy and civil liberties NGO, Big Brother Watch, has launched a report in UK parliament, titled ‘Digital Strip Searches: the police’s data investigations of victims’, claiming the policy is unlawful and needs urgent reform. The organisation, along with other human rights groups, is urging the National Police Chiefs’ Council to take action quickly.

Big Brother Watch’s report claims the digital searches are “highly likely to infringe victims’ data protection and privacy rights” and are “causing major delays to investigations”.

New forms called ‘Digital Processing Notices’ were rolled out across police forces in England and Wales in April 2019. The forms are used to notify victims of crime, most commonly victims of sexual offences, that police will download large amounts of data from their phones.

Although police may seek specific evidence, the forms tell victims that, as a minimum, they need to download “almost all of the data you could see if you were to turn on the device and browse through it”.

The police form states that the allegations may not be investigated or prosecuted if they refuse but, if the case does continue, “defence representatives will be told of your refusal”.

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The new forms also warn victims that if evidence is found on their phones relating to other criminal offences, they will be investigated. This has caused victims to fear that they may be investigated for minor offences, or that they may incriminate their friends or family by handing over their phones to the police.

Victims’ groups and MPs have warned that the policy is deterring rape victims from going forward to police. After rights groups raised concerns, the Information Commissioner’s Office (ICO) launched a high-priority investigation into the issue, which is ongoing.

Ten human rights organisations, including Big Brother Watch, Amnesty International, the Centre for Women’s Justice, End Violence Against Women and JUSTICE, have renewed calls for police chiefs to urgently revise the policy.

Silkie Carlo, director of Big Brother Watch, said: “These digital strip searches are a gross invasion of victims’ privacy and an obstruction of justice. Our phones contain emails, social media accounts, app data, photos, browsing history and so much more. These phone downloads can even exceed the information gathered from a police property raid.

“Understandably, many victims are refusing to be violated in this way. But no victim should have to make a choice between their privacy and justice.

“The digital interrogation policy doesn’t allow victims to give police relevant pieces of evidence without feeling like their private lives will be put on trial. This disproportionate approach bears none of the basic qualities required by data protection or human rights law, and it’s staggering that the policy is yet to be revoked. Police chiefs must urgently retract the policy and devise a more competent, proportionate and lawful approach.”

Dame Vera Baird, Victims’ Commissioner for England and Wales, said: “Big Brother Watch has done a detailed analysis. It confirms that uniquely in rape cases more demands for the content of digital devices are made of complainants than can lawfully be made of defendants.

“Unless they sign the entire contents of their mobile phone over to police search, rape complainants risk no further action on their case. These are likely to be traumatised people who have gone to the police for help.

“Brave and public spirited enough to contemplate giving the most intimate evidence at court, many are discouraged by what looks like scrutiny of whether they are suitable or worthy.

“As Victims’ Commissioner I will work to get dignity and respect for victims which means an end to this incomprehensible intrusion into their privacy.”

Chiara Capraro, Amnesty International UK’s women’s human rights manager, said: “We’re deeply concerned that the police are infringing the privacy of victims while also contributing to dangerous myths and stereotypes about rape.

“Rape is massively under-reported, on top of which there’s been a very worrying fall in prosecutions taken forward as so-called ‘weak cases’ are dropped in an apparent bid to improve woefully low annual conviction rates.

“The whole dysfunctional system for dealing with the survivors of sexual violence needs urgent attention if we’re to even come close to protecting the rights of thousands of women and girls in this country.”

Harriet Wistrich, director of the Centre for Women’s Justice, said: “Many women are fearful of reporting rape for a variety of reasons including the fear they will be disbelieved or judged. The requirement to hand over the whole of their data history is an additional disincentive to a massively under prosecuted crime.

“The case law clearly establishes that the police should conduct only ‘reasonable lines of inquiry’ into the complainant: that should be reviewing data directly relevant to the offence they are investigating.

“We are preparing a legal action on the basis these consent forms are unlawful as they discriminate against women – who are the vast majority of rape victims – as well as a violation of the right to privacy, and of data protection principles.”

Scotland and Northern Ireland apply different rules to phone searches. Police Scotland commented that it assesses whether it is “necessary and proportionate” on a case by case basis to seek access to someone’s phone.

Officers in Northern Ireland, however, only seize phones when it is necessary and in accordance with legislation, according to the country’s police service.

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