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Content type: News & Analysis
Our mobile phones contain all kinds of data that ranges from photos, videos and emails to information about our health, the places we visit and our leisure time. This data is often relied upon by law enforcement authorities in criminal investigations.
Mobile phone extraction (MPE) tools are used for this purpose as they enable police and other authorities to download content and associated data from people’s phones. These tools are supplied by private companies to security forces and…
Content type: News & Analysis
In a judgment of 14 October 2022, the UK High Court ordered the UK Home Office to provide remedy to the thousands of migrants affected by its unlawful policy and practice of seizing mobile phones from people arriving by small boats to UK shores.
The availability and spread of new technologies, and the exponential amounts of data they generate, are regularly being abused by governments to surveil and control people - but these new forms of surveillance are only starting to make their way through…
Content type: Press release
Today, the High Court ruled that the Home Secretary acted unlawfully and breached human rights and data protection laws by operating a secret, blanket policy of seizing, retaining and extracting data from the mobile phones of asylum seekers arriving by small boat.
This claim for judicial review was brought by three asylum seeking claimants: HM represented by Gold Jennings, and KA and MH represented by Deighton Pierce Glynn. The Claimants, like thousands of others arriving by small boat, all…
Content type: News & Analysis
Background
Today judgment has been handed down in the landmark case of R (HM and MA and KH) v Secretary of State for the Home Department.
This is a Judicial Review decision concerning the UK Home Office’s secret and blanket policy of seizing mobile phones of all migrants who arrived to the UK by small boat between April 2020 and November 2020, and extracting data from all phones. PI was a third party intervener in the case.
The case revealed that migrants were searched on arrival at Tug Haven…
Content type: News & Analysis
Around the world, we see migration authorities use technology to analyse the devices of asylum seekers. The UK via the Policing Bill includes immigration officers amongst those who can exercise powers to extract information from electronic devices. There are two overarching reasons why this is problematic:
The sole provision in the Policing Bill to extract information rests on voluntary provision and agreement, which fails to account for the power imbalance between individual and state. This…
Content type: News & Analysis
It is difficult to imagine a more intrusive invasion of privacy than the search of a personal or home computer ... when connected to the internet, computers serve as portals to an almost infinite amount of information that is shared between different users and is stored almost anywhere in the world.
R v Vu 2013 SCC 60, [2013] 3 SCR 657 at [40] and [41].
The controversial Police Crime Sentencing and Courts Bill includes provision for extracting data from electronic devices.
The Bill…