If it possible for the police to look at copies of mobile phone records of the driver of a car that was involved in an accident? Or does the human rights of the driver prevent the police from viewing them? Would the Freedom of Information Act make it possible for them to view the records?
It is possible, but I believe they wouldn't pursue this line unless the accident or injuries thereafter were particularly serious.
Under the data protection act you can request your own phone and text records (and receive several hundred pages of information), so if you are in dispute with driver you could either prove you weren't on the phone at the time, or conversely you could ask the driver who hit you to request this data and then demonstrate that they weren't on the phone at the time either... IYSWIM... whether a third party would co-operate is another matter entirely.
Thank you all for your replies, I thought that they would be able to.
Without going into to much detail, on the off chance that someone reading this might know the people involved, someone I know was hit by a car and killed. Her parents have been led to believe that the driver of the car was sending a text message on his phone at the time of the accident, which is why he didn't see her as he wasn't looking at the road.
Her parents have asked if the phone records could be checked but the police say that they can't look at his phone records as it's against his human rights!
It says under "Hands free mobiles": <<If there is an incident and the driver is using any mobile phone (hands free included) that causes him to be distracted at the time of the incident, police can use existing legislation to prosecute the motorist for failing to exercise proper control of the vehicle. Police are able to check mobile phone records to see if a phone was in use at the time of an incident.>>