Use of Personal Mobile Phone Whilst on Duty

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1 Use of Personal Mobile Phone Whilst on Duty (Incorporating Smartphones and Hand Held Devices) Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions. Owning Department Professional Standards Version Number 2.00 Date Published 07/02/17 (Publication Scheme)

2 Compliance Record Equality Impact Assessment: Date Completed / Reviewed: 17/01/17 Information Management Compliant: Yes Health and Safety Compliant: Yes Publication Scheme Compliant: Yes Version Number History of Amendments Version Control Table Date V1.00 Initial publication 25/05/15 V2.00 Full cyclical review carried out minor amendments to para 1.1, 5.5 and /02/17 (Publication Scheme) 2

3 Contents 1. Purpose 2. Health and Safety Considerations 3. Equality and Human Right Considerations 4. Definitions 4.1 Mobile Phone 4.2 Use of Mobile Phone 4.3 Multimedia 5. Possession of Personal Mobile Phone Whilst On Duty 6. Use of Personal Mobile Phone Whilst On Duty 7. Supervisors Guidance Appendices Appendix A Appendix B List of Associated Legislation List of Associated Reference Documents (Publication Scheme) 3

4 1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the following Police Service of Scotland (hereafter referred to as Police Scotland) Policies: Data Protection Policy Anti-Corruption Policy Information Security Policy Professional Standards Policy 1.2 This SOP applies only to police officers, including Special Constables. 1.3 The SOP provides direction in relation to what constitutes unacceptable or inappropriate use of personal mobile phones whilst on duty. The instruction is intended to protect the health and welfare of police officers, whilst ensuring the highest standards of professionalism and performance are achieved in the course of their duty. 1.4 Any breaches of this SOP could result in misconduct proceedings under the Police Service of Scotland (Conduct) Regulations The guidance contained within this SOP relates to the use of personal mobile phones whilst on duty. Guidance in relation to the use of mobile phones issued by Police Scotland, in response to an identified business need, is contained within the Mobile Data and Remote Working SOP. 1.6 Nothing in this SOP will prevent the exercising of powers under the Road Traffic Act 1988 or any other aspect of the criminal law involving the use of mobile phones. 2. Health and Safety Considerations 2.1 In terms of the Health & Safety at Work Act 1974 the Chief Constable has a statutory requirement for securing the health, safety and welfare of persons at work and for protecting others against risks to health or safety in connection with the activities of persons at work. 2.2 In order to achieve this it is necessary for the Chief Constable to issue SOPs to provide advice, instruction and guidance in relation to safe working practices within Police Scotland. 2.3 This SOP identifies risks (potential officer safety implications) through officers using their personal mobile telephone or its associated applications. 2.4 It is acknowledged that the UK Police Service is considered a viable target for international terrorists and others and it therefore essential that Police Scotland adopt proportionate protective security measures to keep its people safe. (Publication Scheme) 4

5 3. Equality and Human Rights Considerations 3.1 An Equality Impact Assessment, supported by a Human Rights Assessment, has been conducted in relation to the procedures outlined in this SOP. 3.2 The Human Rights Act 1998 requires Police Scotland, as a public authority, to act in a way that is compatible with the Articles of the European Convention on Human Rights. However, Police Scotland can legitimately interfere with a right conferred in an Article of there is a legal basis and it is deemed necessary and proportionate. 3.3 It is recognised that limitations placed on the use of personal mobile phones may have the potential to impact on the following Articles: Article 8 Right to Respect for Private and Family Life Article 10 Freedom of Expression Protocol 1, Article 1 Protection of Property 3.4 In addition to the Health and Safety considerations described at Section 2, the Police and Fire Reform (Scotland) Act 2012, provides it is the duty of a constable: 1. to prevent and detect crime 2. to maintain order 3. to protect life and property 3.5 This requires Police Officers in the execution of their duties to be alert, maintain observations and be capable of being a professional witness at all times. 3.6 Therefore, in terms of the provisions of the Health and Safety at Work Act 1974 and the Police and Fire Reform (Scotland) Act 2012; the instruction contained herein is assessed as having a legal basis and is necessary and proportionate for the intended outcomes described at Section Definitions 4.1 Mobile Phone For the purposes of this SOP a mobile phone includes all smartphones, tablets or any other electronic device capable of communicating with another electronic device by means of speech, text, instant messaging, and so forth. (Publication Scheme) 5

6 4.2 Use of Mobile Phone Using a mobile phone includes accessing the phone for the purposes of utilising any of its functions. This includes accessing the internet and any internet based application. 4.3 Multimedia Multimedia refers to the integration of multiple forms of media including but not limited to text, graphics, audio and video. 5. Possession of Personal Mobile Phone Whilst On Duty 5.1 Officers can retain possession of their personal mobile phones whilst on duty. 5.2 Many personal mobile phones contain Location Services or similar Global Positioning System (GPS) software which enables the location of the officer to be identified. It is recommended that officers who choose to retain possession of their personal mobile phone whilst on duty disable the GPS function. It can then be activated if required for the purposes as described at paragraph Officers must be cognisant of the associated personal and organisational risks resulting from the loss of their personal mobile phone in addition to the personal impact upon them. Officers who choose to retain possession of their personal mobile phone whilst on duty increase the risks associated with such a loss. 5.4 Police Scotland will not be liable for any damage to or loss of a personal mobile phone resulting from an officer choosing to keep their personal mobile phone on their person. 5.5 Officers must not provide their personal mobile phone number in the course of their duties and in furtherance of any investigation or complaint, or for any other reason to any complainer, witness or any other person who they interact with. 5.6 If a contact number is required to be provided the officer must either provide the number of the office where they are stationed or the Police Scotland Non Emergency Number, 101 as a means of contacting them at any future date. 6. Use of Personal Mobile Phone Whilst On Duty 6.1 Call Function Officers must not use personal mobile phones to make any calls in furtherance of Police Scotland investigations, enquiries or business, i.e. personal phone numbers should not be given to complainers, witnesses, partners or other interested parties. (Publication Scheme) 6

7 6.1.2 If it is necessary to contact complainers, witnesses or partners, officers should utilise the telephone function of their Airwave terminal, or use a landline within a Police Scotland office It is acknowledged that officers may require to use personal mobile phones to speak to colleagues and supervisors during the course of their duties. The circumstances around this will need to be assessed with individual officers and their own line manager. When making such calls officers should be aware of bystanders and wherever possible these calls should be made within a secure environment Officers must refrain from routinely using mobile phones for personal calls whilst on duty; with the exception of during refreshment breaks within a secure environment It is accepted that there will be limited occasions where it is deemed essential for an officer to make or receive a personal call; e.g. in emergencies or for welfare reasons. Under such circumstances officers must be cognisant of the impression that they are giving to members of the public, stakeholders and colleagues Essential personal calls must be limited in length so as not to impact upon the performance of duty or compromise the safety of fellow officers or members of the public. Engagement in multiple or extended conversations whilst on duty has the potential to compromise the safety of the officer, colleagues and the public, is liable to interfere with the performance of the officer and as such is prohibited Whilst it would be over prescriptive to define what an essential personal call is, the onus will be on the officer to justify their use of a mobile phone whilst on duty. If in doubt clarification should be sought from a line manager Any officer requiring to make an essential personal call, who is not in possession of a personal mobile phone, may utilise their Airwave handset to do so, subject to the conditions outlined at section Personal mobile phones should be set to silent or vibrate in order to minimise any disruption to officers duties. 6.2 Internet Based Applications Officers must not under any circumstances access any internet based application whilst on duty; with the exception of during refreshment breaks within a secure environment. Such applications include: Auction or selling sites Dating Sites Gambling sites Personal Banking (Publication Scheme) 7

8 Personal accounts Social Networking Sites e.g. Facebook, Linkedin, Twitter, Instagram, Snapchat etc You Tube An exception to paragraph is that officers are permitted to access Satellite Navigation applications for the purposes of providing directions to members of the public or obtaining directions to an incident they may be attending Whilst officers may access applications during a refreshment break they must not, at any time (whether on or off duty), post comments on any social media site in relation to their duties or details of any incident that they have attended or have knowledge of (operational information) Any officer who discloses operational information wittingly or unwittingly may be liable to criminal charges under the terms of the Data Protection Act or subject to Police Service of Scotland (Conduct) Regulations Photograph / Multimedia Applications Section 18 of the Criminal Procedure (Scotland) Act 1995 confers powers on Police in respect of taking photographs and other impressions from prisoners Under no circumstances should officers use personal mobile phones to record or capture images or footage of prisoners. If such images are required only official police equipment should be used to facilitate this Officers should not, unless in exceptional circumstances, use personal mobile phones whilst on duty to take photographs or other recordings for evidential capture or any other purpose Exceptional circumstances would include those where delay would result in the loss of significant evidence. In such circumstances the authority of a supervisor should be sought, where possible, prior to any use. Such use will be subject to scrutiny and a rationale regarding the decision making process may be requested Police Officers should be aware that such actions could potentially result in the phone entering the evidential chain and being seized as a production for use at any future court proceedings Where an officer uses their personal mobile phone in exceptional circumstances to take photographs or other recordings, for evidential purposes, then procedures as outlined in the Digitally Stored Evidence SOP and the Productions SOP must be followed. (Publication Scheme) 8

9 7. Supervisors Guidance 7.1 This SOP does not confer any powers on supervisors to inspect or examine any officer s personal mobile phone in an attempt to ascertain compliance with this SOP. 7.2 Supervisors are responsible for challenging any inappropriate use of a personal mobile phone and enforcing the restrictions as outlined within. (Publication Scheme) 9

10 Appendix A List of Associated Legislation Criminal Procedure (Scotland) Act 1995 Data Protection Act 1998 Human Rights Act 1998 Health and Safety Act 1974 Police and Fire Reform (Scotland) Act 2012 Police Service of Scotland (Conduct) Regulations 2014 (Publication Scheme) 10

11 Appendix B List of Associated Reference Documents Policy Data Protection Policy Anti- Corruption Policy Information Security Policy Professional Standards Policy Standard Operating Procedures Mobile Data and Remote Working SOP and Internet Security SOP Information Security SOP Productions SOP Digitally Stored Evidence SOP Guidance Online Safety Guidance for Employees (Publication Scheme) 11

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