Victim Support Scotland (VSS) has warned people who have been affected by crimes such as rape must not be "violated" by unnecessary intrusion into their phones, emails, photographs and messages. 

The charity's comments come amid controversy over new consent forms in England and Wales, which seek permission from victims of crimes, including rape, for police to access their phones.

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While the policy does not apply in Scotland, Kate Wallace, Chief Executive of VSS, said there were some cases where personal data is examined in support of a case.

"What is vitally important is that the victims of such terrible crimes are not violated further through an intrusion into their personal lives and technology," she said. 

The consent forms for England and Wales will allow access to personal emails, messages and photographs.

Justice and rights campaigning organisations have spoken out over concerns about the right to privacy, and fears that the new policy will put unnecessary pressure on victims to pass on their personal data.

Following the collapse of a number of cases where texts and other messages undermining the prosecution case came to light late in the day, the form warns victims that their case may not go ahead if they do not surrender their phones to police.

Ms Wallace said practice in prosecuting alleged sexual offences was under review in Scotland: “Victim Support Scotland is working alongside partners as part of a review group led by Lady Dorrian, the Lord Justice Clerk, taking a fresh look at how sexual offence cases are being conducted by courts," she said. "We want to know what better way such cases can be dealt with to improve the experience of all participants in the interest of justice.”

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On Twitter, defence lawyer Brian McConachie QC said accessing the phones of those involved in such cases was often necessary in the interests of justice. "There is no one who does this sort of work who has not had a case where telephony has played a significant part in conviction or acquittal," he said.

"Irrelevant information would not be disclosed and personal information would be redacted."

However Sandy Brindley, chief executive of Rape Crisis Scotland said:  "This is a human rights issue. Why should rape survivors have to contemplate such a huge invasion of privacy simply to seek justice?"