New ICO Report says consent from rape victims “too difficult” as basis for phone downloads

“There is little consideration for a rape victims’ privacy, and the impact of such an intrusion. Nor does the report go near specific issues that arise in rape cases – the way personal information can be used to feed myths and prejudices around sexual history, sexual character and what a ‘real’ victim would or would not do. There is a special (and tone deaf) irony in setting out that consent may not be withdrawn after permission is given to inspect a device.

“The Information Commissioner is recommending a system which treats those reporting rape as collateral in a prosecution. The fine words about encouraging victims to have faith and to come forward and report, which we hear too often from justice system leaders, are meaningless if there is no determination to build a system that actually works for victims and survivors of sexual offences.

“Given the report orders the current forms used by the police to be withdrawn (forms which triggered significant concerns about when introduced) it raises questions around the potential unlawfulness of how the police have demanded and taken data from hundreds of rape victims across the last 15 months.

“Lawyers have already mounted credible cases around disclosure in rape cases based on practices that discriminate against women and violate human rights protections. These challenges are set to continue if we do not reach a way of doing things here which is respectful of rape victims’ as well as defendants’ rights.”