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ICO Fines Police Scotland £66,000 for Unlawful Phone Data Extraction and Disclosure

Proceedings linked to the alleged rape remain active with a report before prosecutors.

Overview

  • UK data watchdogs fined and reprimanded the force after finding its full extraction of a complainant’s phone was excessive and unfair, capturing large volumes of special‑category data.
  • The ICO said Police Scotland breached the Data Protection Act 2018, citing sections 35 and 37 for unlawful collection and inadequate processing controls.
  • Investigators placed the complete phone download into a misconduct bundle that was copied to the accused officer, his solicitor and his Scottish Police Federation representative.
  • Police Scotland failed to notify the ICO within the required 72 hours, later apologised, and said it has strengthened processes, training and oversight.
  • The complainant, identified as Detective Constable Lianne Gilbert, reports severe distress including PTSD and says she still has not been told exactly which images were shared.