Controversial cyber kiosks used to bypass phone passwords come into use

Copyright: Scottish Legal News

The legality of Police Scotland’s controversial ‘cyber kiosks’, which will be rolled out next week despite the Justice Secretary’s expectation they will attract a legal challenge, has been questioned by a civil liberties expert.

Dr Nick McKerrell, senior lecturer in law at Glasgow Caledonian University, told Scottish Legal News that the move was “worrying” as he cast doubt on the legality of their use.

Cyber kiosks are desktop computers which will be located in police stations across local policing divisions and will be used to bypass encryptions on phones and tablets.

The technology allows specially trained officers to triage mobile devices to determine if they contain information which may be of value to a police investigation or incident.

The police said that the Crown Office and Procurator Fiscal Service and independent senior counsel have affirmed the existence of a legal basis for the use of cyber kiosks.

Deputy chief constable Malcolm Graham said: “We are committed to providing the best possible service to victims and witnesses of crime. This means we must keep pace with society. People of all ages now lead a significant part of their lives online and this is reflected in how we investigate crime and the evidence we present to courts. Many online offences disproportionately affect the most vulnerable people in our society, such as children at risk of sexual abuse, and our priority is to protect those people.”

Dr McKerrell said: “It is worrying that Police Scotland are rolling out these kiosks despite legal and political issues being raised by broader Scottish society. The invasion of privacy that access to a smartphone provides is only proportionate in very certain circumstances.

“Most phones have access to the cloud which holds many people’s data in every area of their life. It would be difficult to imagine a Scottish court issuing a warrant with such broad parameters.”

He added: “There is still dubiety on the legal provenance of these devices and, incredibly, the Justice Minister has said that he would expect a legal challenge to come in court. That is an extremely unusual way for the police to operate essentially saying if you think we are acting illegally challenge us in court.”