Police: Mobile Phones

Home Office written question – answered on 4th April 2018.

Alert me about debates like this

Photo of Lord Scriven Lord Scriven Liberal Democrat

To ask Her Majesty's Government what national rules are in place concerning police officers accessing individuals' personal mobile phone data.

Photo of Lord Scriven Lord Scriven Liberal Democrat

To ask Her Majesty's Government what assessment they have made of whether police officers should be prevented from accessing individuals' personal mobile phone data without a search warrant.

Photo of Lord Scriven Lord Scriven Liberal Democrat

To ask Her Majesty's Government whether the police can retain data downloaded from the mobile phones of those who have been arrested but not charged; and if so, why.

Photo of Baroness Williams of Trafford Baroness Williams of Trafford The Minister of State, Home Department, Minister for Equalities (Department for International Development)

Current legislation, principally provisions in the Police and Criminal Evidence Act 1984, allow data to be accessed from a mobile device when there are reasonable grounds to believe it contains evidence of an offence, but only then in adherence with data protection and human rights obligations.

Data obtained and downloaded from a mobile device belonging to a person arrested, but not charged, may be retained for forensic examination or as evidential material in an ongoing criminal investigation. The data may only be retained for as long as is necessary.

There are no plans to change this legislation.

The police are operationally independent of the Home Office and the use of their powers to investigate crime, including operational guidance, is a matter for them.

Does this answer the above question?

Yes1 person thinks so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.