News & Campaigns

All the latest from HER-itage and our affiliates

Rights groups call for urgent reform on police “digital strip searches” of victims

  • 10 campaign groups are calling on police for urgent reform, including Big Brother Watch, Amnesty International, Centre for Women’s Justice, End Violence Against Women, Fawcett Society, JUSTICE, Liberty, Privacy International, Southall Black Sisters, The Survivors Trust
  • Big Brother Watch is today launching a report in parliament claiming the police’s new policy is “unlawful” and needs “urgent reform”
  • Big Brother Watch delivers petition signed by 35,000 to Policing Minister and CPS

Campaigners are calling on the National Police Chiefs’ Council to urgently revise a new policy that requires victims of crime to hand in their phones for mass data downloads.

Privacy and civil liberties NGO Big Brother Watch is today launching a new report, Digital Strip Searches: the police’s data investigations of victims, in parliament, claiming the policy is unlawful and needs urgent reform.

Big Brother Watch’s report claims the digital searches are “highly likely to infringe victims’ data protection and privacy rights” and are “causing major delays to investigations”.

New forms called ‘Digital Processing Notices’ were rolled out across police forces in England and Wales in April 2019. The forms are used to notify victims of crime, most commonly victims of sexual offences, that police will download large amounts of data from their phones.

Although police may seek specific evidence the forms tell victims that, as a minimum, they need to download “almost all of the data you could see if you were to turn on the device and browse through it”.

The police form states that the allegations may not be investigated or prosecuted if they refuse, but that if the case does continue, “defence representatives will be told of your refusal”.

The new forms also warn victims that if evidence is found on their phones relating to other criminal offences, they will be investigated. This has caused victims to fear that they may be investigated for minor offences, or that they may incriminate their friends or family by handing over their phones to the police.

Victims’ groups and MPs have warned that the policy is deterring rape victims from going forward to police. After rights groups raised concerns, the Information Commissioner’s Office (ICO) launched a high-priority investigation into the issue which is ongoing.

Ten human rights organisations, including Big Brother Watch, Amnesty International, the Centre for Women’s Justice, End Violence Against Women and JUSTICE, have today renewed calls for police chiefs to urgently revise the policy.

Their call is also backed by Vera Baird QC, the Victims’ Commissioner for England and Wales and Jess Phillips MP. They will speak at the report launch in parliament this evening, alongside the Shadow Attorney General Shami Chakrabarti,

This morning, Big Brother Watch delivered a petition of 35,000 signatures to the Policing Minister and CPS, calling for the policy to be changed.

Dame Vera Baird, Victims’ Commissioner for England and Wales, said:

“Big Brother Watch has done a detailed analysis. It confirms that uniquely in rape cases more demands for the content of digital devices are made of complainants than can lawfully be made of defendants.

“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.

“As Victims’ Commissioner I will work to get dignity and respect for victims which means an end to this incomprehensible intrusion into their privacy.”

Harriet Wistrich, 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.

“The case law clearly establishes that the police should conduct only ‘reasonable lines of inquiry’ into the complainant: that should be reviewing data directly relevant to the offence they are investigating.

“We are preparing a legal action on the basis these consent forms are unlawful as they discriminate against women – who are the vast majority of rape victims – as well as a violation of the right to privacy, and of data protection principles.”

Notes:

  • Female victims with experience of phone download requests can be available for interview. Please contact Big Brother Watch to enquire 07730 439257. Please provide as much notice as possible.
  • Silkie Carlo is available for interview. Please contact us to enquire on 07730 439257.

Our new report is available here: Digital Strip Searches (2019).

Part of a longer press release at https://bigbrotherwatch.org.uk/all-media/rights-groups-call-for-urgent-reform-on-police-digital-strip-searches-of-victims/

 

July 25, 2019

Captive and Controlled: Domestic Abuse in Rural Areas – National Rural Crime Network

Isolated, unsupported and unprotected, victims failed by the system, services and those around them

The National Rural Crime Network is revealing a shocking picture of domestic abuse in rural Britain with hidden victims – isolated, unsupported and unprotected – who are being failed by the system, services and those around them.

The results of an 18-month intensive research project, the study has analysed available evidence, spoken in depth to victims of abuse, assessed local support services and looked at the approach of the police.

Its findings are stark, disturbing and lead to an urgent call for action from government, the police, society and us all.

Read the Foreword from NRCN Chair Julia Mulligan >>

Visit the National Rural Crime Network website >>

https://www.ruralabuse.co.uk/

July 25, 2019

Police must offer women detainees period products under new rules

Police in England and Wales must offer female detainees free sanitary products in case they are on their period while in custody, under new legislation.

The amended codes of practice come after a watchdog suggested last year that police were “routinely ignoring” the needs of menstruating suspects.

Other changes include improved privacy in the toilet area of cells monitored by CCTV.

Campaigners said the changes would help to protect human rights.

The two amended codes of practice will come into force on 21 August.

In one of the last acts of Theresa May’s premiership, Policing minister Nick Hurd laid a statutory instrument in the Commons on Tuesday. The tactic allows legislation to be fast-tracked through both houses of Parliament – to revise the Police and Criminal Evidence Act 1984 (PACE).

The Independent Custody Visiting Association (ICVA) – the monitoring body that published the evidence in 2018 – welcomed the changes.

Katie Kempen, the ICVA’s chief executive, said: “No detainee should be left to bleed for want of a difficult conversation or a cheap tampon. These changes should ensure that never happens.”

Revisions to the codes include:

  • Custody officers must ask all detainees if they wish to speak in private with a member of custody staff about any matter concerning their personal health, hygiene and welfare needs
  • The detainee can request to speak to a member of staff of the same sex
  • Detainees can keep menstrual and other health, hygiene and welfare products on their person. A decision to withhold such products must be subject to a risk assessment
  • A general mandate to “take account of the detainee’s dignity”

The College of Policing’s manager for criminal justice said her team had worked with the ICVA and the National Police Chief’s Council to help make sure forces across England and Wales “are working to a consistent set of standards” in regard to the issue.

Part of a longer report at https://www.bbc.co.uk/news/uk-49089798

July 25, 2019