UK Police “digital strip search”

By Thomas Vink, 3rd June 2021

In 2019, the UK Police brought in new regulations on how police officers should gather data-based evidence to investigate certain criminal cases. Under the policy, police can request that the victims of crime, including victims of sexual violence, give consent to the full download of their mobile phone and social media data. Police officers were informing victims that, should they not provide consent to this data extraction, they ran the risk of the investigation into their complaint being dropped. BBW refers to this as a “digital strip search.”

DFF supported Big Brother Watch to gather evidence and prepare an expert statement to assist and strengthen a legal challenge to this policy brought by two victims of rape, represented by the Centre for Women’s Justice. Big Brother Watch fed their expertise and research into the claimant’s pre-litigation correspondence and supported the litigation with an advocacy campaign.

UK Police “digital strip search”

Organisation Name

Big Brother Watch and Centre for Women’s Justice

Country/Jurisdiction

United Kingdom

Amount Granted

Big Brother Watch: EUR 15,004

Centre for Women’s Justice: EUR 55,407 

Current Status

Case partially won

Grant type

Single Instance Litigation Support

Description

In 2019, the UK Police brought in new regulations on how police officers should gather data-based evidence to investigate certain criminal cases. Under the policy, police can request that the victims of crime, including victims of sexual violence, give consent to the full download of their mobile phone and social media data. Police officers were informing victims that, should they not provide consent to this data extraction, they ran the risk of the investigation into their complaint being dropped. BBW refers to this as a “digital strip search.”

DFF supported Big Brother Watch to gather evidence and prepare an expert statement to assist and strengthen a legal challenge to this policy brought by two victims of rape, represented by the Centre for Women’s Justice. Big Brother Watch fed their expertise and research into the claimant’s pre-litigation correspondence and supported the litigation with an advocacy campaign.

In July 2020, before the court hearing took place, the UK Police announced they would revoke the “digital strip search” policy and would draft an interim policy that limits police access to the digital devices of victims.

DFF is supporting Centre for Women’s Justice with additional funding to support preparation for further follow up litigation.

"Police can request that the victims of crime, including victims of sexual violence, give consent to the full download of their mobile phone and social media data."

Strategic Goal

That the UK Police reform their regulations for collecting data-based evidence to better protect victims of crime from unjustified digital intrusion and invasive data collection.

Organisation Name

Women’s Link Worldwide

Image credit: Sora Shimazaki from Pexels