The police and CPS have been forced to scrap digital ‘consent forms’ in rape and sexual abuse cases following a legal challenge from two women represented by the Centre for Women’s Justice. The controversial ‘digital strip searches’ required victims to divulge all their mobile phone data.
The tool, formally known as digital data extraction consent forms, was implemented last year and immediately met with backlash. Funded by the Equality and Human Rights Commission, the Centre for Women’s Justice argued it was unlawful, discriminatory and intrusive representing to survivors of sexual abuse in their legal challenge.
The forms were scrapped this morning by the National Police Chiefs Council (NPCC). The decision comes after an 18-month investigation by the information commissioner on ‘digital data extraction’ which found that police forces were not considering the ‘necessity, proportionality and collateral intrusion.’
The police demanded seven years of irrelevant data from me that predated the rape.
‘I was raped by a stranger and the police demanded seven years of irrelevant data from me that predated the rape,’ Olivia, one of the complainants in the case, said in a press release. ‘Infuriatingly, the police and CPS have repeatedly said to the press that they only pursue reasonable lines of enquiry. This is untrue. I hope now that other women won’t be subjected to these unlawful requests.’
A judgement by the Court of Appeal also had a hand in pressuring police and the CPS to scrap these forms, after laying out specific guidelines for officers and prosecutors on how to be lawful and proportionate when asking complainants of sexual abuse to disclose data.
‘We are relieved that these forms have finally been withdrawn from use, but they should never have been used in the first place,’ Harriet Wistrich, director of CWJ said in response. ‘Their effect has been to delay rape cases and deter many victims from coming forward or continuing with their cases. We will work with the defendants to ensure something fair and proportionate is put in its place.’
Courtney, the second complainant, also spoke out about the cautious optimism she feels following the judgement. ‘For the first time I feel like there is hope that victims of sexual violence will no longer have to make the choice between privacy or justice as I did,’ she said. ‘There was nothing consensual about these "consent forms" and it is a relief that the CPS and police have finally accepted that. I approach this announcement with some trepidation, however, as I have been so seriously hurt and let down by the criminal justice system in the past.
‘I am concerned that just doing away with the forms won't necessarily improve practice,’ she continued. ‘I look forward to the day when I may effectively hold my attacker accountable and make our streets more safe.’
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