Recommendation 48

The proposed new power to search for items capable of storing information in electronic form permits substantial interferences with the right to respect for private life with limited justification and minimal safeguards. Particularly concerning is that the power would allow strip searching, including of children, and searching through and copying any information held on a device such as a mobile phone. The Government has been unable to confirm that in their view this provision is compatible with Convention rights. We agree that the provision is unlikely to be compatible with Article 8. These powers represent a significant invasion of privacy. This provision should not have been added to the Bill at a late stage, preventing it being properly scrutinised by Parliament. It should be removed from the Bill (see Annex, Amendment 38).