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Can the Police get copies of mobile phone records?

(15 Posts)
KSCM Fri 01-Apr-05 23:51:05

Does anybody know...

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?

hunkermunker Fri 01-Apr-05 23:52:16

I think they can.

jampots Fri 01-Apr-05 23:52:27

dont know about that kscm but some years ago we acted for a man on charges of alleged rape and got hold of his pager messgaes

Newbarnsleygirl Fri 01-Apr-05 23:52:56

If you mean the driver was talking on the phone and had an accident then I would say yes.

JanH Fri 01-Apr-05 23:53:32

A lorry driver who crashed into stationary traffic on the motorway (fatalities) was convicted by his mobile phone records - he was texting at the time.

tiffini Fri 01-Apr-05 23:54:04

if he is being investigated for some reason then yes.

JanH Fri 01-Apr-05 23:59:31

BBC story .

(Actually the details here are different from the one I thought I remembered - in this case the man killed was standing in a layby. I'm sure there was another one though.)

hub2dee Sat 02-Apr-05 00:18:04

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.

JanH Sat 02-Apr-05 00:20:30

And the police can look at mobile phone records without the phone owner's permission. If a criminal act is involved that overrides the individual's human rights (IME anyway).

colditzmum Sat 02-Apr-05 00:21:39

Yes they can, I know this for sure, if someone is a suspect they can acquire records.

Mummyloves Sat 02-Apr-05 00:23:30

In a nutshell, if it was pertinant to an invstigation the police can access all itemised billing of either an alleged offender's or an allege victim's mobile phone records, incoming or outgoing.

KSCM Sat 02-Apr-05 00:44:16

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!

Tinker Sat 02-Apr-05 01:02:13

Some info here, might be useful?

JanH Sat 02-Apr-05 01:18:26

From Nov 03: Advice to Consumers on New Mobile Phone Legislation (relating to the change in the law on use in cars).

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.>>

hub2dee Sat 02-Apr-05 07:33:32

What a disgustingly tragic waste of a life, KSCM.

Even if access to the phone records has (rightly) been tightened, it will still be possible under judicial review according to Tinker's link.

I would like to think that in a case like this access would be granted - either by the defendent trying to clear their name or by the prosecution petitoning the judge for access.

JanH'ss original link (truck driver, SMS) I guess is also very relevant.

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