Re: Stop using that phone
Upvoted for 'To an extent, they do, and again it's about reasonable & proportionate.'
Sometimes people claim they are a victim of something that didn't actually happen. Fortunately these are relatively rare, but it does happen. A victim's digital footprint can sometimes reveal the truth of the alleged incident is different to what is claimed. For a true application of justice, it's important to be sure the claim is genuine. I'm not victim blaming here, just saying it's as important to believe the accused may be innocent as it is to believe the victim may be telling the truth.
Proportionality and appropriate use of the data are key.
I do expect both sides to provide all relevant evidence, not just what they think is relevant. This helps ensure the truly guilty are punished and the truly innocent don't have their lives destroyed by a malicious accuser.
Sharing victim's data with the defence is part of that. It's an ugly truth, but sometimes it's the only proof of innocence an accused has. I do expect shared data is only what is relevant to the case - this helps ensure fair justice.
The grey area is knowing what is relevant and what is not. Police and CPS have messed this up a few times, had cases dropped in court because content of the alleged victim's phone came to light, exonerating the accused. Never mind it should never have gone to court in the first place.
I do not expect police to feel free to take everything they can get the paws on and go fishing.