Elizabeth Denham, the UK information Commissioner, recently discussed poor data protection practices and its impact upon society.
Mobile phones store a significant amount of sensitive and private information. This includes medical information, political beliefs, location, financial situation and ethnic origin. As a result, it is crucial that poor data protection is dealt with and improvements are made to ensure compatibility with the law.
A 2020 report published in England in Wales called for an end to the unnecessary processing of personal data from mobile phones when it could not be justified. The report stated that police should not request mobile phones without the necessary grounds to do so. Police should only take people’s data when required for a reasonable line of enquiry. The Court of Appeal delivered a judgment which supported the report.
In Scotland a separate report has been published to help assist police organisations on understanding their obligations under data protection law. A strategic approach is necessary to govern data extraction from mobile phones and ultimately increase public trust. It is necessary that people can hand over their phone to the police and be assured it will only be required if necessary. Further to this, only the minimum amount of data should be taken and private information should be protected.
In turn, this would help increase public confidence in the criminal justice system. It is likely that there will be further changes and recommendations implemented in relation to the use of mobile phone data.