The approach taken to the extraction of information from digital devices by the police and other authorities has been heavily criticised as being unnecessarily intrusive, resulting in privacy and victims’ groups opposing this practice, particularly in cases where the device belongs to a victim or witness. The provisions in the 2022 Act directly address these concerns and the inconsistencies in the approach to the extraction of information from digital devices, as well as the complex legal framework which governs this practice
As a result of this, the Regulation brings into force the code of practice that provides detailed guidance on the use of the powers and includes information about the considerations they should make when interacting with victims and witnesses of a crime, especially vulnerable victims of serious offences, such as rape and other sexual offences, to outline that a greater level of sensitivity should be applied.