Crown Office baulks at role in cyber kiosks as police offer contrary view

Fresh concerns have emerged over the legality of plans to roll out police “cyber kiosks” across Scotland after prosecution chiefs warned they can’t get involved.

Liberal Democrat justice spokesman Liam McArthur said that even basic information on the legality of this technology is proving 'difficult to pry out'. Picture: TSPL

Senior officers had indicated the Crown Office (COPFS) would be providing advice in relation to data protection.

The kiosks would allow the police to gather data from mobile phones or laptops and even to override passwords.

But the Crown Office has now written to Police Scotland to say there had been a ‘misunderstanding’ of its role.

Crown Agent Lindsey Miller said it would be “inappropriate” for the body to give broad guidance on police powers as they only give advice on admissibility of evidence into court on a case-by-case basis.

“In terms of the data protection and human rights implications of processing information whilst seizing and investigating digital devices, that is a matter on which Police Scotland as a public authority must satisfy themselves,” she said.

But Police Scotland has since written to Holyrood’s sub-committee on policing to suggest the Crown Office had been supportive of the force’s position.

MSPs have now written to Police Scotland demanding clarifications. Liberal Democrat justice spokesman Liam McArthur said: “Chief Constable Iain Livingstone has said that public confidence and policing by consent is key for the use of cyber kiosks, yet even basic information on the legality of this technology is proving difficult to pry out.

“Now we have a situation in which the police are offering assurances that their position is supported by the Crown Office. But COPFS themselves are saying that it would be ‘inappropriate’ for them to comment on a request for broad guidance on police powers.

“It’s entirely reasonable for the police to look at ways of improving the way in which they work.

“It is equally reasonable for the public to demand answers on the legality of new and controversial technology in which the police have already invested hundreds of thousands of pounds.”

The Chief Constable has pledged that no roll-out would take place until they were resolved.

Ministers say this is still “some way off”.

A Scottish Government spokeswoman said: “The police can only seize phones or other electronic devices where there is a lawful basis for doing so and the introduction of cyber kiosks will not change this.