The Information Commissioner’s Office (ICO) has announced an inquiry into whether privacy or data protection regulations are being routinely breached in the criminal justice system.
The investigation follows concerns raised by the campaign group Big Brother Watch and other groups about the way private material is collected, analysed and disclosed to detectives, prosecutors and defence lawyers.
There have been multiple complaints from victims and support organisations alleging “excessive use of victims’ personal information in cases of rape and serious sexual assault”. A concern is the Stafford statement, the consent form victims are asked to sign giving police access to their personal data.
Establishing precisely what material is relevant to any rape or sexual assault prosecutions is often the subject of legal dispute. Disputes over late disclosure by police of crucial evidence in rape and sex offences led to scores of cases collapsing this year. A government review found disclosure failings had caused “untold damage” to victims and suspects.
Senior officers have accused the Crown Prosecution Service (CPS) for “raising the bar” of evidence needed for a charge, in the wake of a series of rape cases which collapsed over undisclosed messages.
The CPS insists its regulations have not changed, but admits giving more “pre-charge advice” to investigators and holding refresher training for rape prosecutors earlier this year.
The new director of public prosecutions has pledged that victims’ mobile phones will not be seized “as a matter of course” in criminal investigations.