Statement from London’s Independent Victims Commissioner

Statement from London’s Independent Victims Commissioner on ICO report into mobile phone data use

Claire Waxman, London’s Independent Victims Commissioner, said:

“I wrote to the Information Commissioner’s Office (ICO) about the serious concerns victims have had about excessive requests and processing of data from their mobile phones, and the fact they feel coerced into consenting to sharing sensitive and personal information, at a time of trauma, if they hope to ever access justice. I’m pleased that today [Thursday 18 June] the ICO has published the findings of this long overdue investigation in to how mobile phone data is used by the police. This investigation confirms what we’ve known for some time: major changes are needed in how the criminal justice system gathers and uses the personal data of victims and how this is being communicated to victims.

“As the report rightly points out, the current practices around how police collect mobile phone data, how much data they request and how it is shared with others, is damaging public confidence in our criminal justice system, and can deter victims from pursuing the justice they deserve. It also highlights the deeply concerning inconsistency in how police forces across the country gather and use mobile phone data and rightly highlights how vital it is that police communicate clearly with victims about how their mobile phone data will be stored and used.

“We still need to understand how these requests from the police and the CPS for excessive personal data is fuelling high levels of victims withdrawing from cases. This is why, in London, I’m working with the Met Police to investigate mobile phone data requests and the impact on victims and justice outcomes.

“The ICO’s call for a Code of Practice is a good first step, but we need to Move quickly to clearly set out how much data from a mobile phone is needed to help an investigation and secure justice, whilst ensuring victim’s right to privacy is properly protected in this process. It’s clear that the criminal justice system has lost sight of reasonable and proportionate requests and the legislation has not kept pace with technology. The sheer amount of personal and sensitive information we now have on our phones means that the current laws are no longer fit for purpose, and we need the Government to urgently review legislation.

“Whilst I welcome the work the ICO has done for this investigation, I do feel the recommendations have not gone far enough to provide the clarity the police urgently need to ensure a consistent approach that not only complies with data protection laws but is needed for victims to feel confident when reporting a crime that their data will not be used to discredit them and will be handled securely and with respect throughout the criminal justice process.”