A Scottish police officer who reported being raped by a colleague had her most private phone contents handed straight to the man she accused. Intimate images, medical records, and family contacts were all passed to him and his representatives. Today the force has been fined £66,000 for the catastrophic breach.
Detective Constable Lianne Gilbert, 34, says the betrayal has left her numb, violated, and struggling with motherhood four years after she first made her complaint.
“I Felt Completely Violated,” Says Traumatised Detective
DC Lianne Gilbert made domestic abuse allegations, including rape, against another officer in 2020. She had a five-month-old baby at the time.
Two years later, during a misconduct hearing, she discovered Police Scotland had extracted huge amounts of data from her phone and simply handed it over on discs to the accused officer, his lawyer, and his Scottish Police Federation representative.
“They’ve given him those discs, not even in a secure environment. He has been allowed to view them on any device he wants,” Gilbert told BBC Scotland News.
She learned about the breach only because the Scottish Police Federation phoned to offer her support, unaware that Police Scotland had never told her.
Gilbert said the thought of her alleged rapist possibly gaining “sexual gratification” from the images makes her feel sick. The officer she accused has never been charged and the criminal case remains live.
Watchdog Finds Police Collected “Substantial Volume” of Irrelevant Sensitive Data
The Information Commissioner’s Office (ICO) investigated and issued a £66,000 monetary penalty notice, one of the first times a UK police force has been fined for mishandling a crime victim’s data.
The ICO said Police Scotland “collected a substantial volume of highly sensitive information, much of which had no bearing on the investigation” and then failed to protect it.
John Edwards, UK Information Commissioner, said: “Victims of crime, particularly sexual offences, must feel able to trust the police with their most sensitive personal information. This breach risked undermining that trust at a time when the individual was at her most vulnerable.”
Police Scotland Apologises But Victim Rejects It
Assistant Chief Constable Ellen Hudson said: “We are truly sorry for the distress caused. We have apologised directly to those involved and have taken steps to ensure this does not happen again.”
DC Gilbert does not accept the apology.
“Although they have apologised, it’s not an apology I have ever accepted. I don’t think it’s good enough,” she said.
She welcomed the fine as rare recognition that public bodies can be held accountable, but says it does not undo the damage.
Growing Pattern of Police Phone Data Demands Sparks Alarm
The case comes amid mounting concern about how police forces across the UK extract and share huge amounts of phone data from rape complainants.
Campaigners say some victims feel they are being treated like suspects and drop complaints rather than hand over years of private messages, photos, and health records.
In England and Wales, new rules introduced this year are supposed to limit “digital strip searches,” but victims’ groups say the practice continues.
In Scotland, Police Scotland says it has now changed its procedures following this case.
For Lianne Gilbert, the hurt runs deep. She still works for the force but says the breach has changed everything.
“It’s really impacted my motherhood journey,” she said. “At times I still feel quite numb.”
