Fatal RTC: police entitled to access woman's personal phone data, High Court rules

A judge held that detectives can retrieve messages on her device as part of their probe into the collision which claimed the life of Richard Gerard Boyle.

Mr Boyle, 42, was struck by a car while walking his dog on the Stewartstown Road on February 5, 2021. He died later in hospital.

A vehicle similar to the type described by witnesses was discovered on fire a short time after the collision.

At least five people have been arrested in connection with the crash and subsequently released pending reports to the Public Prosecution Service.

In October 2021 PSNI officers searched the home of a Belfast woman and seized her phone under provisions in the Police and Criminal Evidence (Northern Ireland) Order (PACE).

She has never been detained or questioned, but is now considered as a further suspect in the investigation.

Detectives are seeking to carry out Mobile Phone Extraction (MPE) on her device to obtain any communication relevant to their inquiries.

Police believe the phone sent and received text messages which could be of value to the investigation into the road traffic collision and death of Mr Boyle, the court heard.

The woman mounted a legal challenge against the PSNI’s MPE policy, claiming it breaches her right to privacy and violates the Data Protection Act.

Her lawyers argued that the authority to carry out searches and seize her phone does not necessarily include the power to extract data from the device.

Counsel for the PSNI insisted, however, that it was a reasonable step to obtain messages during the relevant period.

Ruling on application for judicial review, Madam Justice Quinlivan accepted that she has a reasonable expectation of privacy over texts sent and received.

But citing the terms of PACE and the Criminal Procedure and Investigations Act’s Code of Practice, the judge held police have authority to carry out the limited and specific process.

“The police, having legally seized the mobile phone and being entitled to extract materials from that phone, are required to pursue reasonable lines of enquiry, both those which point towards and those which point away from the suspect/s,” she said.

“The provisions of PACE entitle them to extract materials from the device, the Criminal Procedure and Investigations Act Code of Practice, provides a legal basis for the conduct of the search.”

Dismissing the woman’s legal challenge, Madam Justice Quinlivan confirmed: “I am satisfied that the legal regime governing the PSNI’s policies and practices in relation to mobile phone extraction are in accordance with law.”

Outside court her solicitor, Owen Beattie, indicated that an appeal against the ruling may be considered.

Mr Beattie said: “This challenge prompted a welcome roll out of new policing policies in relation to the examination of mobile phones.

“We will give close consideration to the findings of the court and any further legal avenues open to our client.”