Victims campaign groups call for urgent reform of ‘digital strip searches’

By Joe Gammie, Reporter23rd July 2019News EnglandCourts / Justice, Data, Domestic Abuse / Violence, News England, Rape, Sexual Abuse, Social Media, Top Stories, Victim Support

Campaigners are calling for urgent reform to so-called “digital strip searches” of crime victims by police.

New digital disclosure consent forms have been rolled out to all 43 police forces across England and Wales informing victims that refusing to allow investigators access to their messages, photographs, emails and social media accounts could mean prosecutions are halted.

Campaign groups are calling on police leaders to revise the policy, which it is feared will deter rape victims from coming forward.

The 10 groups are Big Brother Watch, Amnesty International, Centre for Women’s Justice, End Violence Against Women, Fawcett Society, Justice, Liberty, Privacy International, Southall Black Sisters and the Survivors Trust.

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

“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 (pictured), 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.”

Their call is also backed by Dame Vera Baird QC, the Victims’ Commissioner for England and Wales, who branded the searches an “incomprehensible intrusion” into victims’ privacy.

She added: “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.”

On Tuesday Big Brother Watch will also launch a new report in Parliament claiming the policy is unlawful and needs urgent reform.

Its report said the digital searches are “highly likely to infringe victims’ data protection and privacy rights” and are “causing major delays to investigations”.

Its director Silkie Carlo said no victim of crime should have to make a choice between “privacy and justice”.

She added: “These digital strip searches are a gross invasion of victims’ privacy and an obstruction of justice.

“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.”

Big Brother Watch will also deliver a petition with more than 35,000 signatures to the policing minister and Crown Prosecution Service, calling for the policy to be changed.

The Information Commissioner’s Office said: “The ICO has serious concerns about the extraction of mobile phone data by the police and how that impacts people’s privacy rights under data protection law.

“This is a priority area for us and our investigation into this activity, which has been ongoing since August, will be concluding soon with the findings published in due course.”

The National Police Chiefs’ Council (NPCC) said it will look at Big Brother Watch’s suggestions and the Information Commissioner’s findings once its investigation is completed.

Its lead for criminal justice, Assistant Commissioner Nick Ephgrave, added: “Police have a duty to pursue all reasonable lines of inquiry in every investigation and to meet the disclosure obligations under the Criminal Procedure and Investigations Act.

“We believe that the best way of meeting our obligations is asking for consent to search for particular, relevant material.

“The new form is intended to ensure this is done properly and consistently across the country.

“We recognise the concerns of some privacy and victims’ groups and have been seeking advice from a wide range of groups to help us improve the process.”