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StopWatch response to 'Extraction of information from electronic devices: code of practice' consultation

Our response to the consultation 'on a draft code of practice containing guidance about the powers in sections 37(1) and 41(1) of the Police, Crime, Sentencing and Courts Act 2022'

StopWatch's consultation response answers the following questions:

Q1. (a) To what extent do you agree or disagree with the guidance the code of practice provides on the circumstances in which the powers can be used and the requirements that must be met for section 37?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree

Please explain the reason for your answer

Q2. (a) To what extent do you agree or disagree with the guidance that the code of practice provides on the exercise of the powers in accordance with data protection and human rights legislation for section 37?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree

Please explain the reason for your answer

Q4. To what extent do you agree or disagree with the guidance the code of practice provides on how authorities meet the requirements stated in section 37(1) in the Act, to ensure a person has voluntarily provided their device and agreed to the extraction of information from it?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree

Please explain the reason for your answer

Q11. In your view is the suggested approach to use of the powers detailed in the code one that can be implemented operationally?

  • Yes
  • No

Please explain the reason for your answer

Q12. Are there any gaps in the guidance that should be addressed?

  • Yes
  • No

Please explain the reason for your answer

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