The Information Commissioner’s Office has told police to stop treating rape and sexual assault complainants as suspects by collecting excessive amounts of personal information.
In a report published today, UK information commissioner John Edwards says complainants are being asked to allow access to medical records, school reports, social service records and the contents of the mobile phones as a precondition to accessing justice.
‘Victims are being treated as suspects. This is not about data protection or data processing. This is about people feeling revictimised by a system they are entitled to expect support from,’ he said.
Today’s report builds on the foundations of an earlier ICO report on mobile phone extraction, which led to controversial consent forms giving police access to phones and other devices being replaced.
The report states that the commissioner is not trying to encroach on the investigative process or define what constitutes a reasonable line of enquiry. However, official reports from recent inquiries highlight a ‘pressing need’ to clarify the circumstances under which investigators may process materials relating to complainants during a criminal investigation.
The commissioner provides examples where excessive information is requested that can leave complainants feeling ‘re-victimised’.
For instance, ‘a victim uses a counselling service after an incident, and during the discussions notes are recorded. During an active RASSO investigation, the police request the discussion notes from the service,’ one example states.
‘The service must respect the rights of the victim when considering disclosure, especially if there is a particular expectation of privacy and confidentiality attached to the service or information. The service should primarily consider the consent of the victim, any privileged information within the notes, and if disclosure is in the best interests of the victim.’
The ICO provides a checklist for third parties disclosing information to the police. This includes being satisfied that the police have a legitimate reason to request the information and informing the complainants that information provided to the police may be disclosed to the defendant.
Police and investigators are told in their own checklist to balance public interest benefits with privacy concerns and acquire the minimum amount of data strictly necessary.
Today’s report comes shortly after a review by solicitor-general Alex Chalk MP of disclosure guidelines found requests for third-party material being undertaken ‘haphazardly’. The ICO’s checklist for law enforcement agencies highlights the need to consider if the material is likely to meet disclosure tests.
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