WhatsApp messages used to bring disciplinary proceedings against police officers did not breach privacy

29 Sep WhatsApp messages used to bring disciplinary proceedings against police officers did not breach privacy

Police officers in Scotland who were subject to disciplinary process for sending group WhatsApp messages. These messages were said to be (amongst other things) sexist, racist, anti-Semitic, homophobic and mocking people of disability. The messages contained photos of crime scenes, current investigations and of a female suspect in a cell.

The police officers attempted to argue that Article 8 of the European Convention of Human Rights prevented the messages being capable of used in evidence as it contravened their right to private life.  The court held that the officers were not entitled to the protection of Article 8 as there was no reasonable expectation of privacy.

BC and others v Chief Constable of the Police Service of Scotland and others [2020] CSIH 61 (16 September 2020)



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