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The first conviction for 'non-disclosure of a phone password' was made in Guernsey in 2017, but since then, more people have been cooperative at handing over their own codes during police enquiries.
The first local charge of this kind was made during an investigation into the importation of a commercial quantity of MDMA.
While being investigated, the man failed to disclose passcodes to several phones, which is an offence under the Regulation of Investigatory Powers Law, 2003. The phones were believed to contain evidence of the importantion offences, and he was subsequently convicted for two failure to disclose offences. For this, he received an additional six months in prison.
"This was the first ever local conviction for failure to disclose under that law. Since this time Law Enforcement have seen an increase in the amount of people cooperating in giving the passcodes to their electronic devices," Guernsey Police said.
It is a situation of growing importance in policing around the world, including in Guernsey. In 2017, 483 devices and 5.5 Terabytes of digital data were examined by the High Tech Crime Unit, which received major investment at the start of the year. It moved to a larger location within Police HQ and an investment in equipment allowed for the processing of the increased demand.
Pictured: The problem of phone passcodes is a relatively new challenge for law enforcement officials.
Bailiwick of Guernsey Law Enforcement and the States of Jersey Police have continued to strengthen their links and a pan-island approach to high tech crime has assisted in training and professional development. The team have been instrumental in recovering evidence to assist and bring offenders to justice for offences such as the distribution of indecent images, importation of controlled drugs and harassment to name but a few.
In their Annual Report for 2017, Bailiwick of Guernsey Law Enforcement said it "continued to engage with the Digital Policing Portfolio in 2017 which is being developed across the UK to provide a simple, well known and reliable digital contact service between the public and the police that ensures the public are informed and digitally enabled."
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