But one former chief constable said obtaining a warrant in each instance would be "just not practical". Privacy International obtained the figures through Freedom of Information requests to 47 forces, of which 42 responded. The technology allows officers to extract location data, conversations on encrypted apps, call logs, emails, text messages, passwords, internet searches and more.
The extraction devices used generally take everything of one type off a phone - so if a witness's mobile contains a photo important to an investigation, the device will download all photos. The National Police Chiefs Council said the decision to download phone data was a judgement that could be made on a case-by-case basis "defined by the investigative requirements of the case".
But Privacy International said it feared there was no national oversight, and no clear guidance on when to delete the data. Of the 47 UK police forces it contacted, only eight said they had their own local guidance about using this technology. And Derbyshire and Wiltshire Police's guidance allows the downloading of a phone's contents without the suspect's knowledge. Privacy International said requiring a warrant, like those needed to search someone's home, would mean any police request to access phone data would be subject to independent judicial oversight.
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Millie Graham-Wood, a solicitor at the organisation, said its research suggested there was "no limit on the volume of data" police could obtain, and "nothing clear" in terms of when it should be deleted. The Email Privacy Act has so far stalled in the Senate. Police have also utilized social network surveillance software, created by firms like Geofeedia and SnapTrends , which provides police with keyword and hashtag monitoring.
If the phone is not a part of a criminal investigation, officials are able to get a general administrative subpoena, which does not require judicial approval.
- Electronic Surveillance | Wex | US Law | LII / Legal Information Institute.
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- Should Law Enforcement Need a Warrant to Track Your Cell Phone? - Scientific American!
Text messages are treated like emails, according to the ECPA. In other words, your phone records and older text messages are relatively easy for police to obtain without a search warrant.
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Getting ahold of IP addresses is similar to phone records, in the sense that an officer has to claim an ongoing investigation in order to obtain them. However, officers can wiggle their way around the law with an administrative subpoena if they are looking for historical records. That said, IP address has only limited use in terms of locating a suspect or location of a crime.
Court of Appeals for the Ninth Circuit ruled the tracking of IP addresses is synonymous with telephone numbers. Kristen Hubby is a tech and lifestyle reporter. Her writing focuses on sex, pop culture, streaming entertainment, and social media, with an emphasis on major platforms like Snapchat, YouTube, and Spotify. However, this right is not absolute — it must be balanced against other rights, such as freedom of expression, and other needs that society has, including security and investigating crime.http://pierreducalvet.ca/146451.php
NSA spying flap extends to contents of U.S. phone calls - CNET
And, certainly, data extraction technology, is said to be important in tackling crime. However, the issue is not so much that police are able to extract data from mobile phones. Rather, it is that there is no clear guidance, legal or otherwise, over when this should be allowed, and for how long data should be kept. Police are now downloading digital data to investigate low-level crime, so more and more personal information is stored by police forces, often unencrypted.
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They are able to access and search this data without a warrant. Warrants should be required before police are able able to search the phones of victims, witness and suspects and there should be an objectively verifiable legal standard before a warrant is granted; Privacy International suggests that the test should be based on reasonable suspicion. And people should be informed of their rights in this area through published guidance from the Home Office. The views expressed in this article are those of the author and do not necessarily reflect the views of Rightsinfo.
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During the past few years there has been a revitalisation of political protests and marches, particularly in the wake of ongoing sexual harassment scandals. What Is Mobile Data Extraction? Image Credit: Pixabay By hooking your smartphone up to an extractive device, police officers can download all of its data and contents. Discriminatory Policing?