The UK Information Commissioner has called on the criminal justice sector to immediately stop collecting excessive amounts of personal information from victims of rape and serious sexual assault cases.
The call is published in a Commissioner’s Opinion which informs the sector how to use victims’ personal data in compliance with data protection laws.
Currently, victims are being told to consent to hand over extraordinary amounts of information about their lives, in the immediate aftermath of a life changing attack.
The ICO found police in the UK ask victims to consent to them accessing significant amounts of personal data. Known as a ‘Stafford statement’ in England and Wales, this gives police access to victim’s information that can include information from school records, medical histories and social service records.
The UK Information Commissioner expects this practice to stop immediately, and also makes further recommendations about how information is handled.
John Edwards, UK Information Commissioner said:
“Our investigation reveals an upsetting picture of how victims of rape and serious sexual assault feel treated. Victims are being treated as suspects, and people feel revictimised by a system they expect to support them.
“Change is required to rebuild trust that will enable more victims to seek the justice to which they’re entitled.
“This work brings home why we do what we do at the ICO. This Opinion isn’t about data protection and data processing, it is about relationships, trust, human rights and human dignity.”
Growing evidence suggests as the sector fails to gain the trust and confidence of victims their involvement in the process is not sustained. This has led to very low charge and conviction rates. This burden is also not shared equally, as victims of rape are more likely to be female, have a disability and identify as gay, lesbian or bisexual. The Commissioner believes his Opinion should contribute to improving victims’ confidence in the process.
Mr Edwards said:
“Change as a result of this report could have a greater impact on people’s lives than any other work my office has been involved with.
“I know the sector will support these recommendations. Change is possible and it must happen. The law requires it and my office will push for it.
“Most importantly, it is what people affected by these heinous crimes have a right to expect.”
