Criminal Law
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The request comes after a suspect in the killing of a 13-year-old girl in Southampton was jailed for withholding his Facebook password, and was sentenced to 14 months imprisonment.
At present, it can be ‘either very protracted or almost impossible’ to obtain information from a social media company which, in certain circumstances, defies logic as predators end up being protected. Whilst it is not straightforward for a company such as Facebook to divulge information it must surely find a way when these rare but extreme situations arise.
In this case, the accused refused to give his password on two occasions when being questioned about the murder and sexual abuse of a minor, as a result, the police are unable to obtain information that could hugely assist their inquiries.
As Facebook is an American company it must comply with US Law, which means they do not have a duty to divulge any information to police outside of America, to obtain information a request must be made to the American Department of Justice for a disclosure order, which can take months and become very costly.
However, Facebook does have a choice and, in some cases, will divulge information instantly if life is at risk.
It is possible that because of the inaction of a social media platform a life will be put in danger and they need to review their stance on this before they become complicit in an avoidable tragedy or injustice.
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