Legal action
Protecting the privacy of rape or sexual assault victims
Published: 3 April 2023
Last updated: 3 April 2023
What countries does this apply to?
Case details
| Protected Characteristic | Sex |
|---|---|
| Types of equality claim | Direct discrimination |
| Court or tribunal | High Court (Admin Court) |
| Decision has to be followed in | England, Wales |
| Law applies in | England, Scotland, Wales |
| Case state | Concluded |
| Our involvement | Legal assistance (section 28 of the Equality Act 2006) |
| Outcome | Other |
| Areas of life | Justice and personal security |
| Human Rights law | Article 3: Freedom from torture and inhuman or degrading treatment, Article 8: Respect for your private and family life, home and correspondence, Article 14: Protection from discrimination in respect of these rights and freedoms |
Case name: X & Y v National Police Chiefs’ Council
Legal issue
Is the police policy that requires rape victims to provide consent to disclosure of all information on their mobile phones as a condition of police investigation and prosecution discriminatory and a breach of human rights?
Background
Police disclosure policies often require victims of rape to consent to a complete download of sensitive personal data from their mobile phones as a condition of investigating the alleged crime. This acted as a deterrent to rape victims pursuing justice through the criminal justice system.
Why we were involved
We work to protect and strengthen equality and human rights laws
What we did
We provided funding using our powers under s28 Equality Act 2006 for a legal challenge of this policy alleging breach of human rights and equality legislation.
What happened
The case settled. The NPCC withdrew its guidance and issued new interim guidance.
Who will benefit
There are now to be more proportionate targeted requests by police for relevant information from victims' mobile phones.
Date of hearing
Page updates
Published:
3 April 2023
Last updated:
3 April 2023
