Privacy Group Files Legal Complaint Over UK Law Enforcement's Warrantless Phone Searches

from the we-did-it-because-no-one-said-not-to dept

Privacy International, which has successfully challenged UK surveillance programs, is bringing its heat to the local level. In a report PI released towards the end of March, the group noted several law enforcement agencies were seizing and searching phones -- often deploying forensic software -- without warrants. This went further than devices owned by criminal suspects. Searches were also performed on phones of crime victims and witnesses.

At no point does it appear warrants were sought. Documents obtained by PI showed UK police forces are operating under a melange of self-written policies or citing random portions of the Police and Criminal Evidence Act (PACE) to support their warrantless searches. It also appears there is no national oversight of this process, which has allowed this current policy patchwork to develop.

This is working out badly for UK citizens, as Privacy International points out.

Data can be taken from victims, witnesses and suspects without informing them. With no clear policies or guidance on the use of this technology, individuals are unaware of their legal rights in terms of: - Whether data is only taken when necessary and proportionate; - Getting the police to delete this data when there is no legal reason to retain it, particularly if they are innocent of any crime; - Ensuring data is held securely to prevent exposure of their personal data as a result of loss of records, misuse or security breach.

Since it appears leaving law enforcement agencies to their own devices (and those owned by others) is only making things worse, Privacy International is pressing the issue.

Campaigners from U.K.-based Privacy International have formally complained about British police being able to download the contents of people’s phones—phones, photos, even fragments of deleted conversations—without a warrant. While warrants are required to do this in countries such as the U.S., in the U.K. dozens of police forces point to various pieces of legislation to support the idea that they don’t need them. Privacy International says the practice is illegal, however, and has complained to the Information Commissioner’s Office, the British privacy regulator.

PI points to the UK's Data Protection Act, which provides protection for citizens from government harvesting of data and communications. This is being circumvented by common law enforcement practices that neither inform device owners of the extent of the search nor seek informed consent before performing forensic searches. On top of that, data housed in devices may fall under other protections as well. Phones can contain privileged communications with legal representation or information about journalists' sources.

It also notes the updated Data Protection Act, meant to align the UK with the EU's General Data Protection Regulation, will make these efforts even more illegal than they already are. PI is pretty sure law enforcement agencies won't have these policies rewritten before the new law comes into force, which means its complaint will still be on solid legal ground even after the new law is enacted.

This is what happens when law enforcement obtains powerful tech but answers to almost no one. The lack of oversight -- at local or national level -- has allowed law enforcement to perform invasive searches with a minimum of notification or paperwork. Hopefully, this will change soon.

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Filed Under: phone searches, privacy, uk, warrants

Companies: privacy international