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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

Find out more about parliamentary questions

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Question reference: S5W-16425

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government whether owners of electronic devices examined by Police Scotland using cyber kiosks are (a) informed and (b) given a record of what is (i) viewed and (ii) extracted.

The deployment of cyber kiosks is a matter for Police Scotland. Police Scotland work to a series of standard operating procedures including those supporting Data Protection.

Prior to the intended deployment of cyber kiosks and in adherence to the Data Protection Act and General Data Protection Regulation 2018, Police Scotland is completing an Equality and Human Rights Assessment and Data Protection Impact Assessment which will inform the final policy, practice and procedure to support operational deployment.

Question reference: S5W-16435

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government what (a) assurances and (b) notifications are given to people who voluntarily provide their electronic device to the police to be examined for evidence.

The deployment of cyber kiosks is a matter for Police Scotland. Police Scotland work to a series of standard operating procedures including those supporting Data Protection. Prior to the intended deployment of cyber kiosks and in adherence to the Data Protection Act and General Data Protection Regulation 2018, Police Scotland is completing an Equality and Human Rights Assessment and Data Protection Impact Assessment which will inform the final policy, practice and procedure to support operational deployment.

Question reference: S5W-16431

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government how Police Scotland extracts only relevant information from electronic devices when using cyber kiosks.

Question reference: S5W-16439

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government how many gigabytes of data storage are required for the information acquired by Police Scotland using cyber kiosks.

Question reference: S5W-16438

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government what discussions it has had with (a) Police Scotland and (b) the SPA regarding cyber kiosks.

Question reference: S5W-16434

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government which statutory powers permit the police to seize a phone and examine it for evidence, and whether witnesses can be compelled to hand over their phones for this purpose.

The police have a range of powers that allow them to seize a device and examine it for evidence, both within legislation and under common law. The powers used will depend upon the circumstances of the individual case. For example, if a person is searched under section 23 of the Misuse of Drugs Act 1971 then section 23(2)(c) would allow an officer to seize and detain a mobile phone found during the course of that search if it appeared to be potential evidence of an offence under the Act. Under common law, when the police lawfully seize an item in this way that carries with it the right to interrogate that item for evidence as required.

The police do not have the power to compel a witness to provide their phone to be examined for evidence. If the police suspected that a witness had relevant evidence on their phone, and the person did not choose to provide their phone voluntarily, the police would need to obtain a warrant from the Crown Office and Procurator Fiscal Service.

Question reference: S5W-16433

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government what oversight there is of the use of cyber kiosks by Police Scotland.

Under the Police and Fire Reform (Scotland) Act 2012, the Scottish Police Authority (SPA) holds Police Scotland to account. To aid their efforts, the SPA Board is currently considering a proposal to establish a designated SPA Committee to oversee police reform and transformation, including matters of significant public interest. Where issues arise that concern the wider policy and legislative framework that Ministers are responsible for, then the Scottish Government would give due consideration to those.

Question reference: S5W-16436

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government on what date ministers were made aware of Police Scotland's (a) interest and (b) investment in cyber kiosks.

Question reference: S5W-16437

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government whether it has provided funding to Police Scotland specifically for investing in cyber kiosks.

Question reference: S5O-02109

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 09 May 2018
Current Status: Taken in the Chamber on 17 May 2018

To ask the Scottish Government when the Minister for Transport and the Islands last met Orkney Islands Council, and what issues were discussed.