![]() ![]() With so much more of our lives being lived online, important information for the prevention, detection, investigation or prosecution of crime is now held on electronic devices and the use of this information is a routine part of many investigations. They also confirm that information must only be taken where it is necessary to the investigation and not as a matter of course. The provisions and code ensure that authorities are acting with respect for individuals’ privacy and include a specific responsibility to ensure that other, less intrusive means of obtaining relevant information are considered before extracting information from individuals’ devices. How do the powers protect individuals’ privacy? where the device user is missing) and are applicable to authorities, such as the police, who might use the information to support investigations, or to protect vulnerable people from harm. The section 37 power is non-coercive, and can only be used with the agreement of the user (other than in limited circumstances e.g. ![]() In the case of the section 37 power, this means that where a victim or a witness (or other person) has information on a device such as a mobile phone that they want to give to the police there will be an appropriate power and an agreed process for that to happen and in the case of the section 41 power that authorities can extract information where it is required to support coronial investigations. The power in section 37 allows authorities investigating a crime or safeguarding the public to extract information from electronic devices with the agreement of the user and the power in section 41 allows authorities to extract information from a device where the user has died, for the purpose of an investigation or inquest into the persons death. The Act introduces two new powers in sections 37 and 41 of the Act. What do the powers in the Police, Crime, Sentencing and Courts Act do? We have included a requirement to give the person providing agreement written notice of what information is needed from the device, why it is needed, how it will be used, and confirming that the person does not have to agree and that refusal to agree does not automatically result in the closure of the enquiry.Ģ. The code will ensure a greater understanding on the use of the powers and their application. This is needed to ensure that authorities exercise their functions in accordance with the law and protect the privacy of victims and witnesses. We have also created a new statutory code of practice that will provide practical guidance to authorities on the use of the powers, including how to determine which power to use in the circumstances and how they should confirm that extraction of information from a device is necessary and proportionate. We have done this by introducing new statutory powers that ensure that the police can obtain digital evidence whilst providing additional safeguards so that only information that is relevant to the investigation is taken. ![]() We have strengthened the law to ensure that there is a consistent approach to requesting information from phones and other electronic devices, and that in all cases, requests to victims and witnesses (and others) are only made when necessary and proportionate. What has the Government done to improve practice around the extraction of information from electronic devices? ![]()
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