Background

A Digital Triage Device, also known as a ‘Cyber Kiosk’, is a desktop computer with specific software installed which enables specially trained police officers to view data stored on a mobile phone or tablet. The introduction of Cyber Kiosks across Police Scotland was supported by significant scrutiny encompassing engagement with Stakeholder Groups, External Reference Groups and legal opinion by both Senior Counsel and Crown Office and Procurator Fiscal Service (COPFS) prior to their roll out, which was completed in August 2020.

Police Scotland use Cyber Kiosks solely to provide an initial triage capability which allows the contents of a digital device associated with a criminal investigation or incident to be assessed to establish if evidence is present. This capability allows lines of enquiry to be identified and progressed at a much earlier stage than would have been possible prior to the introduction of Cyber Kiosks. This process can negate the need for full digital forensic examination at a digital forensic hub, minimising intrusion and providing a better service to victims in particular and public.

A total of 41 Cyber Kiosks were installed during a phased rollout which commenced in January 2020 in the Forth Valley (C) and Fife (P) Divisions and concluded in August 2020 in the Highlands and Islands (N), North East (A) and Tayside (D) Divisions (Appendix A- Cyber Kiosk Location Chart). Police Scotland have maintained the original 41 Kiosks.

Police Scotland have continued to witness an increased proportion of threats, risks and harms moving to an online space and digital material is more critically important to investigations than ever before. Police Scotland have learned from the roll out of Cyber Kiosks and consequently developed a Rights Based Pathway to enhance our ability to assess new technology and the associated ethical considerations for victims and the public.

1.5 We absolutely understand the need to ensure public confidence is maintained and the appropriate safeguards are in place when utilising such technologies. However the challenge we must meet is to balance our statutory obligations to keep the public safe and make the best use of available technologies to assist us in this mission. This is fundamental to our considerations in applying our organisational values of fairness, integrity and respect and upholding human rights.

Since the conclusion of the rollout, management and oversight of Cyber Kiosks within Police Scotland has been managed by SCD Cybercrime Digital Forensics, who have provided support in relation to maintenance, software updates and the dissemination of advice and guidance bulletins to Police Officers and staff across Scotland.

The request to use a Cyber Kiosk is assessed on a case by case basis by the Cybercrime Gateway staff. They determine the legality, necessity, justification and proportionality of each examination prior to their approval for its use. It is the responsibility of the Cybercrime Gateway to assess every Kiosk examination in line with Police Scotland’s Digital Device Examination Principles and satisfy themselves that the following conditions are met:

• Triage is in relation to an investigation or incident,
• The device was lawfully obtained,
• The examination is lawful,
• If authority is by virtue of consent,
• The device has been lodged,
• Collateral intrusion is minimised to support evidence for the investigation.

The full authorisation process is documented in Appendix B – Cyber Kiosk ERF Process.

As part of the introduction of Kiosks public commitment was made to publish data relating to the use of Cyber Kiosks. This information is referred to as Management Information (MI) and is publicly available on the Police Scotland web site in an easy-to-read format reporting on:

• Status of Owner/Power of Seizure – Devices seized using Common Law Powers,
• Status of Owner/Power of Seizure – Devices seized under warrant,
• Status of Owner/Power of Seizure – Devices seized using statutory powers,
• Status of Owner/Power of Seizure – Devices seized voluntarily (with authority of the owner),
• Reason for Device Examination,
• Cyber Kiosk Examination Requests – Declined,
• Cyber Kiosk Examination Requests – Completed,
• Cyber Kiosk Examination Requests – Crime Group.