In what was highlighted in a previous Privacy International report titled ‘Digital stop and search’, the use of ‘mobile phone extraction’ tools has enabled UK police forces across the country to download all of the content and data from personal mobile phones, in some cases without a warrant being granted in advance.

Although 55% of police forces asked in the study admit to using the technology, many are confused about the legal basis for the tech they are using, and there remains no independent oversight to identify the abuse and misuse of sensitive personal information.

In its latest move, Privacy International has written directly to Lord Justice Sir Adrian Fulford, the Investigatory Powers Commissioner, stating its concern that the use of mobile phone extraction technology by the police may in some – or all – circumstances constitute either an unlawful interception of communications or hacking.

“If it does, then the conduct engaged in is subject to your oversight,” Privacy International says in its letter.

Urgent Oversight Needed

Given the findings in the March 2018 report, and the fact that an additional 17% of police forces across the country plan to trial the snoop tech, Privacy International is calling on the IPCO to conduct an urgent review into the police’s use of the technology; assess if there is a proper legal basis for the use of the technology; and assess whether such intrusive search capability is necessary and proportionate.

Millie Graham Wood, a solicitor at Privacy International said: “We are concerned that the police are able to download all of the contents of people’s phone, when no one seems to be sure whether there is a law or statute that says they can do this.”

Twelve forces stated clearly they use the data extraction software in both low-level and serious crimes. Privacy International noted that this was a concern given that in a 2015 independent review it was found that the use of these technologies in serious crimes had undermined investigations, highlighting that the link between intrusion of data privacy and a successful conviction was not a strong one.

In fact, a pilot scheme has already been run in Scotland which took place in Edinburgh and Stirling, and saw 18 officers access 375 phones and 262 sim cards during investigations into what Police Scotland described as ‘low-level crime’.

Wood added that, “Policing isn’t meant to be a free-for-all, where they can make up their own rules as they go along. We are really worried that the police’s use of this highly intrusive technology is growing at an alarming rate, without any proper scrutiny, and crucially without people knowing their rights when faced with a police officer who wants to search their phone.”

There are additional concerns; the information extracted from devices cannot be taken within a specific time-frame, meaning police must access all photographs, messages and other forms of data, rather than just data on a specific date.