Recent Media Reporting

In early October 2022, Cyber Kiosks were the subject of negative newspaper headlines including claims that police were “Hacking” devices. This suggests an unlawful or unethical approach which is entirely inaccurate.

Police only utilise the technology provided by Cyber Kiosks by consent or with lawful authority, i.e. with a warrant at the direction of the COPFS or a specific legislative power.

The press headlines intimated that Police Scotland were seizing phones from victims of rape and sexual assault without their consent. We are committed to delivering a victim-centred, trauma informed approach and make every effort to obtain consent prior to taking possession of digital devices from a victim, however there are some circumstances when we are unable to do so. Within our statutory duty to investigate crime, we must secure all available evidence, whether inculpatory or exculpatory.

Police Scotland have also recently provided a detailed response to the Convener of the Criminal Justice Committee on this subject and provided reassurance around our robust governance and oversight processes to effectively manage all requests for the examination of a digital device.

We were also privileged to host the Convener of the Criminal Justice Committee at our newly opened Cyber facility in Aberdeen where the end to end process of digital forensics examinations was demonstrated. Officials and a Member of the SPA have also recently availed of an opportunity to visit our Cyber facility at Newbridge and met our staff and we welcome this continued oversight and engagement.

Police Scotland have continued to witness an increased proportion of threats, risks and harms moving to an online space and digital material is often critically important to our investigations. We completely understand the need to ensure public confidence and appropriate safeguards in utilising such technologies, however the challenge is to balance this against our statutory obligations to keep the public safe and make best use of available technologies to assist us in this mission.

In a number of recent UK conferences relating to cyber investigations, Police Scotland has been seen as an exemplar in not just balancing the legal implications of the police use of technology, but also the associated ethical considerations for victims and the public. This is fundamental to our considerations in applying our organisational values of fairness, integrity and respect and upholding human rights.

The cumulative total of all devices taken for rape and sexual assault since the advent of digital triage devices is 526, of which 104 were seized through other lawful authority, i.e. in less than 20% of cases.

This is even smaller percentage (2%), when broken down against the total number of rape and sexual assault offences being investigated by Police Scotland during this time frame.

Whilst we are committed to delivering a victim-centred, trauma informed approach and make every effort to obtain consent prior to taking possession of digital devices from a victim, there are some circumstances when we are unable to do so. Within our statutory duty to investigate crime, we must secure all available evidence, whether inculpatory or exculpatory. We would seek to assure the Committee that taking such devices in the absence of consent is only conducted when the strict tests of proportionality and necessity are met and under a legal power.