Consent for access to phones in some rape cases implies that such access is not necessary for law enforcement
30 April 2019
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This blog shows that the current furore concerning access to a rape victim’s phone, relying on consent of a rape victim, sits uneasily with a data protection analysis. I also point out that there appears to be three forms of “consent” floating around in the GDPR/Data Protection Act 2018 (“DPA2018”) framework. First of all, the relevant part of the DPA2018 to consider is the law enforcement elements, as access to the victim’s phone is by the police or prosecutors in relation
