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A tribunal heard that a broadband wiring error by a BT engineer resulted in three individuals being wrongly accused of downloading child abuse images. The mistake led to internet activity associated with the actual offender being traced to the address where two men and a woman were residing. The individuals had their electronic devices confiscated during two police searches as a result of the false accusations dating back to 2016. The Investigatory Powers Tribunal (IPT) was informed that the incident had “highly distressing and far-reaching” consequences for the trio.
The error, caused by a technical fault rather than police misconduct, was acknowledged by the IPT, which deemed Dyfed-Powys Police’s actions as lawful. The tribunal granted anonymity to each of the three claimants, and the location of the mishap was only referred to as the “area of operation in Wales” for Dyfed-Powys Police, encompassing Carmarthenshire, Ceredigion, Pembrokeshire, and Powys. BT disclosed to the tribunal that two wires in a street cabinet connecting to both addresses had been unintentionally crossed, resulting in the IP address of the actual offender being wrongly linked to the first male claimant’s address.
The tribunal was informed that all three individuals felt the need to inform their employers about the accusations. The innocent woman was informed that she could not care for her children alone until she was vindicated, while both men faced child protection referrals. The first male claimant was placed on restricted duties at work, and the second had a job offer rescinded. Despite never facing charges, the three individuals endured significant consequences until the police eventually apprehended and prosecuted the actual offender residing nearby.
Dyfed-Powys Police expressed recognition for the distress experienced by the claimants and commended them for their dignity, integrity, and cooperation throughout the ordeal. A police spokesperson welcomed the judgment, which absolved the force of blame for the errors and affirmed that all investigative actions carried out by officers were lawful, proportionate, and essential. The spokesperson also stated satisfaction that the individual responsible for the error had been held accountable for their actions
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