26 February 2025

Police Did Not Withhold Victim’s Phone due to GDPR

By Jess Pembroke, Director of Information Law Services

Recent headlines have suggested that police withheld a victim’s stolen phone due to General Data Protection Regulation (GDPR) concerns. This turned out to be untrue and related to custody of evidence for the purpose of the trial.

Her Honour Nicola Jones ordered the police to return the phone at the sentencing hearing in Caernarfon Crown Court. Judge Jones asked if Mr. Mainwaring was having difficulties getting his phone returned “because of GDPR”. The prosecutor, Thomas McLoughlin, replied: “I do not know. It would not surprise me.”

In a victim statement, Mr. Mainwaring described the loss of his phone as a “massive inconvenience.” He highlighted that the phone contained irreplaceable photos and that he is still having to pay £18 a month on his contract.[1]

GDPR does not prevent law enforcement from returning stolen property to its rightful owner. Instead, it provides a framework for handling personal data responsibly while allowing lawful exceptions for criminal investigations.

North Wales Police has addressed these misleading claims directly. In a statement published on 6 February 2025, they clarified: “North Wales Police does not withhold a victim’s property due to any implied ‘GDPR rights of a suspect.'” Deputy Chief Constable Nigel Harrison further explained: “It is standard practice for police to retain evidential exhibits until the conclusion of a trial, should they be required in court. North Wales Police had been in communication with the victim throughout this process, applying to the court for compensation for the victim due to the irretrievable nature of the data and pictures lost from the device due to the offender accessing it.[2]

Understanding the Facts

Contrary to misleading reports, GDPR does not include any requirements or rules relating to police returning stolen items. In this case, standard evidential procedures were followed to ensure the integrity of the case before returning the phone to its owner.

Keeping Your Phone Safe

While the GDPR ensures the rights of data subjects from a variety of issues, individuals must also take proactive steps to secure their personal devices and data.

How to Keep Your Phone Safe from Theft and Unauthorised Access

Given the rising cases of phone theft and data breaches, taking preventive measures is crucial:

Enable Encryption: Most modern smartphones offer built-in encryption settings to safeguard stored data in case the device is lost or stolen.
Activate Remote Tracking and Wiping Tools: Features like Apple’s “Find My iPhone” and Google’s “Find My Device” allow you to track and remotely erase your phone if necessary.
Be Wary of Phishing Scams: Cybercriminals often use deceptive emails and messages to steal login credentials. Always verify links before clicking and avoid sharing personal information.
Limit App Permissions: Review and restrict unnecessary permissions granted to apps, reducing the risk of unauthorised data access.

By following these security practices, individuals can better protect their personal data and mitigate risks associated with cyber threats.

The Role of Insurance in Protecting Your Phone

While cybersecurity measures can reduce the risk of theft or data loss, having adequate insurance provides an additional safety net.

Home Insurance vs. Phone Insurance

Home Insurance: Many home contents insurance policies cover mobile phones against theft, loss, or accidental damage. However, coverage may vary, so it’s essential to check policy details and whether claims require a police report.
Standalone Phone Insurance: Dedicated mobile phone insurance policies often provide more comprehensive protection, including accidental damage, screen repairs, and immediate replacement for lost or stolen devices.
Bank or Mobile Network Coverage: Some banks offer phone insurance as part of premium account packages, while mobile networks provide insurance plans that may include device replacement and technical support.

For more information take a look at these excellent resources:

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[1] North Wales Police didn’t give victim’s stolen phone back over ‘burglar’s GDPR’ rights, court told

[2] Police statement regarding misleading news headlines | North Wales Police