Justice Committee

Meeting date: Tuesday, September 18, 2018

Official Report 823KB pdf

Justice Sub-Committee on Policing (Report Back)

Agenda item 6 is a feedback report from the meeting of the Justice Sub-Committee on Policing on 13 September. Following the verbal report, there will be an opportunity for brief comments or questions. I refer members to paper 5, which is a note by the clerk, and ask John Finnie to provide the feedback.

As the convener rightly said, the sub-committee’s meeting was last week on 13 September. We took evidence from Police Scotland regarding its proposed use of digital triage systems, which are more commonly referred to as cyberkiosks. As well as Police Scotland, evidence was provided by the Scottish Human Rights Commission and the Information Commissioner’s Office. The evidence focused on the requirements and safeguards that are necessary prior to Police Scotland using the technology throughout Scotland to interrogate the mobile phones of witnesses and suspects. The committee had previously expressed concern that a trial of cyberkiosks had taken place without any such protections.

We welcome the fact that Police Scotland has established two groups to consider and agree human rights and equality impact assessments; data security, storage and retention policies; the public information that is to be provided prior to the introduction of cyberkiosks; and training of officers.

We heard the significant concerns of the Scottish Human Rights Commission about the draft versions of the human rights and equality impact assessments, and about trials having been undertaken that were not underpinned by any such impact assessments.

A pressing concern that was expressed by the Scottish Human Rights Commission and the Information Commissioner’s Office was the legality of Police Scotland seizing and interrogating the mobile phones of people who have been accused of a crime or who have witnessed a crime. Police Scotland confirmed that the roll-out of cyberkiosks that is currently planned for later this year will not proceed if there is no legal basis for it do so.

The sub-committee will return to the issue once the assessments, policies, procedures and guidelines are finalised and publicly available, because it falls into on-going scrutiny arrangements that we have with Her Majesty’s inspectorate of constabulary in Scotland regarding related matters.

Thank you for that comprehensive report. It was an excellent meeting at which issues arose that need to be picked up and addressed.

There are no other comments or questions, so that concludes our 23rd meeting of 2018. Our next meeting will be held on Tuesday 25 September, when we will continue taking evidence in our post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012.