Consultation outcome

Consultation document (accessible)

Updated 15 April 2024

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England and Wales

Ministerial foreword

The government is committed to ensuring that victims of crime are treated fairly and respectfully, and that investigations are progressed swiftly to ensure that offenders are brought to justice.

Police requests for third party material, which can include education, medical or local authority records are sometimes necessary to further an investigation, but are not always dealt with appropriately. Sometimes requests are made for too much or unnecessary information, and this can make the victim feel like they are the one under investigation. This can be especially challenging for victims of rape and sexual assault where the material requested is often very sensitive. The length of investigations can also be traumatic for victims, and requests for third party material can contribute to slowing them down.

When someone reports a crime, they should feel confident that they can do so in the knowledge that their privacy will not be unnecessarily invaded, and that their case will not face lengthy delays as a result of such requests.

Through this consultation we want to gather more insight, evidence and data to gain a thorough understanding of the issues. We are also using the consultation to evaluate potential new duties on policing, which would be designed to ensure that police requests for third party material are made appropriately.

I welcome views on these issues and look forward to further discussion with stakeholders.

Rachel Maclean MP

Parliamentary Under Secretary of State (Minister for Safeguarding)

Introduction

The purpose of this consultation is to gather information about law enforcement requests for third party material relating to victims of crime, and to test potential options for improving this process. Third party material is material held by a person, organisation, or government department other than the investigator and prosecutor, either within the UK or outside the UK. Third parties are not directly involved in the case in question, but may hold information relevant to it^{[footnote 1]}. This might include medical, educational, or social service records but can encompass a broad range of material such as employment records or notes from counselling sessions.

It is sometimes necessary for police to request material from a third party about a victim where it is relevant to a reasonable line of enquiry. Where police make such a request, they must have a lawful basis to do so and ensure compliance with the wider legislative obligations (such as the Human Rights Act 1998, the Data Protection Act 2018 and UK GDPR). While the issues being explored in this consultation are especially relevant to rape and sexual offence (RASO) investigations, third party material can be relevant in a range of crime types, so the responses to and outcome of the consultation could have a broad impact.

The government’s end-to-end rape review highlighted a number of issues related to third party material, which our policy proposals seek to address. A primary issue is the necessity and proportionality of requests, meaning that police sometimes request too much information about a victim or that they might request information that isn’t relevant. Requests might come directly from the police or may originate from the Crown Prosecution Service (CPS). Participants in research conducted as part of the Rape Review reported an increase in requests for third party material in recent years, making an already distressing process feel even more intrusive.

There is a concern that information requested about victims in RASO cases may be used to try to prove or disprove the victim’s credibility using information that is not relevant to the investigation. For example, historic educational records from before the time when the alleged offence took place. This can have a severe negative effect on the victim. Such an approach might unnecessarily invade their privacy, make them feel like they are the ones under investigation and may be a significant factor that causes them to withdraw from the criminal justice process

Initial scoping work with police forces, victim groups and third parties has identified an inconsistent approach to what, and how, victims are informed in relation to third party material requests. The legal basis relied upon, the precise information required and how the material will be used are particular areas of concern.

While the existing legal framework requires the police to act in a way which appropriately respects individuals’ privacy, we consider there is merit in considering whether additional legislative and non-legislative measures could help to address the inconsistent approaches being adopted. We are considering a number of proposals to address these issues. The duties we are seeking input on are:

• a statutory duty on policing to seek third party material only when necessary and proportionate
• a statutory duty on policing to provide full and clear information to both the person about whom the third party material is being requested and the third party who is being asked to provide the information
• a code of practice to accompany these duties and clarify their use in practice

A further issue is the amount of time it takes for third parties to return requests for material, and the impact this can have on slowing down a case. As part of this consultation, we are interested to find out more about whether or not this is a significant factor in elongating investigation timeframes, why third parties might struggle to return material quickly, and whether by ensuring requests are only made where necessary and proportionate this will have a positive effect on timeliness. Lengthy investigations are traumatic to victims, especially in relation to RASO. If requests for third party material are causing significant delays, this is also something we want to address.

We invite responses to this consultation from all those who are involved in police investigations that include requests for third party material, especially in RASO cases as this was identified as a particular issue in the Rape Review. This includes policing organisations, CPS prosecutors, criminal justice representatives including judges and defence lawyers, civil society organisations representing victims of rape and sexual assault, victims of crime who have had third party material requested about them, third party organisations that may be asked to supply material about victims such as local authorities, education and health organisations, Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs).

Contact details and how to respond

Responses can be submitted online.

Enquiries (including requests for the paper in an alternative format) to:

Email: tpmconsultation@homeoffice.gov.uk

Or by post to:

Police requests for Third Party Material
The Data and Identity Directorate
2 Marsham Street
London
SW1P 4DF

Help and support

The purpose of this consultation is to gather information and evidence to support government policy proposals regarding police requests for third party material. If you have been affected by any of the issues in this consultation and require help or support, information about available services is available here: How to get support - VAWG. If you are in immediate danger or want to report a crime, call 999 and ask for the police.

Complaints or comments

If you have any complaints or comments about the consultation process you should contact the Home Office at the above address.

Extra copies

Further paper copies of this consultation can be obtained from the above address and it is also available online.

Alternative format versions of this publication can be requested from tpmconsultation@homeoffice.gov.uk.

Publication of response

A summary of responses to this consultation and details of the action that the government will take, or has taken, will be published here.

Representative groups

Representative groups are asked to give a summary of the people and organisations they represent when they respond.

Privacy Notice

The Home Office consults the public as part of its open policy making process. We publish our consultations on GOV.UK. You can respond:

• online
• by email
• by post

The way in which your data is handled varies depending on how you submit your response, but all information submitted to us will be treated in accordance with data protection principles.

This privacy notice sets out:

• how we process your personal data when you respond to our consultations
• the rights you have under the General Data Protection Regulation (UKGDPR)

For information you submit online:

• the Home Office is the data controller
• Smart Survey is the data processor

Smart Survey provides and operates the platform for online responses, and their privacy policy explains how they collect, safeguard and process your data on behalf of the Home Office.

For information you submit by email or post:

• the Home Office is the data controller
• the Home Office is the data processor

Your data

Purpose

We collect your personal data as part of the consultation process:

• for statistical data, for example the types of individuals and groups participating
• to know that you are a real person
• to follow up with you about your consultation response if necessary

The data we collect

We request the following personal data as part of this consultation:

• your name
• your job title
• the company/organisation you work for
• your postal address and post code
• any personal data you volunteer by way of evidence or example in your response to the consultation

If you respond online we will also collect:

• your Internet Protocol (IP) address, and details of which version of web browser you used
• information on how you used the site, provided by cookies and page tagging techniques

Legal basis for processing your personal data

The legal basis for processing your personal data is to perform a task carried out in the public interest, that of consulting the public.

Why we need it

We collect your details so that we:

• know you’re a real person

We also collect data in order to:

• gather information about the types of individuals and groups participating

If you respond online we use Google Analytics software to collect information about how you use the site. We do this to help make sure the site is meeting the needs of its users and to help us make improvements.

Google Analytics stores information about:

• the pages you visit
• how long you spend on each page
• how you got to the site
• what you click on while you’re visiting the site

Google Analytics does not collect or store your personal information (for example your name or address) so this information cannot be used to identify who you are. See the Gov.uk cookie policy.

What we do with your data

We will not:

• share your personal data with other organisations
• sell or rent your data to third parties
• share your data with third parties for marketing purposes

We will share your data if we are required to do so by law, for example by court order, or to prevent fraud or other crime.

How long we keep your data

We will only retain your personal data for as long as:

• it is needed for the purposes of the consultation
• the law requires us to

In general, this means that we will only hold your personal data for 7 years.

Children’s privacy protection

This consultation is not designed for, or targeted at, children aged 13 or less. It is not our policy to intentionally collect or maintain data about anyone aged 13 or less.

Your rights

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right to request:

• information about how your personal data are processed
• a copy of the personal data you submitted in an accessible format
• that anything inaccurate in your personal data is corrected immediately
• that any incomplete personal data are completed, including by means of a supplementary statement
• that your personal data are erased if there is no longer a justification for them to be processed
• in certain circumstances (for example, where accuracy is contested) that the processing of your personal data is restricted

You can also:

• object to the processing of your personal data where it is processed for direct marketing purposes
• lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law

Changes to this notice

We may modify or amend this privacy notice at our discretion at any time. When we make changes to this notice, the last modified date at the top of this page will be updated. Any modification or amendment to this privacy notice will be applied to you and your data as of that revision date. If these changes affect how your personal data is processed, the Home Office will take reasonable steps to make sure you know.

How to contact us

Home Office

Contact our Data Protection Officer (DPO) with any concerns about how we or our services handle your personal information:

Home Office Data Protection Officer
Home Office
2 Marsham Street
London
SW1P 4DF

Email: DPO@homeoffice.gov.uk

If you would like to make a data subject request, please contact: tpmconsultation@homeoffice.gov.uk

Independent advice on data protection and privacy

Contact the Information Commissioner for independent advice about data protection, privacy and data-sharing issues:

• online via their website
• by phone on 0303 123 1113
• by textphone on 01625 545860
• by email at casework@ico.org.uk
• via this contact form
• by post at:

Information Commissioner's Office, Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If you make a complaint to the Information Commissioner it doesn’t prejudice your right to seek redress through the courts.

Consultation principles

The principles that government departments and other public bodies should adopt for engaging stakeholders when developing policy and legislation are set out in the consultation principles.

1. Attorney General’s Guidelines on Disclosure 2020, p.9 ↩