Police Scotland sent detective’s nudes to colleague ‘who raped her’

A detective constable has revealed how her private data was shared with a colleague she accused of rape.

Lianne Gilbert has waived her right to anonymity to reveal that Police Scotland shared a ‘misconduct pack’ with the suspect in 2022.

The file contained her intimate images, medical records and private emails. It also contained contacts and documents about the case itself.

The 34-year-old says the ordeal has left her feeling ‘tortured’ and she has been on an extended period of sick leave ever since.

Now, Police Scotland has been fined £66,000 by the Information Commissioner’s Office for ‘serious failures in the handling of sensitive personal information’.

She told Metro: ‘I have had health issues including PTSD which arose from the data breach, and other failings of the Police, as well as the systematic and misogynistic abuse I suffered at the hands of my employer.’

The ordeal began when Lianne reported multiple abuse offences in 2020, including rape. Her alleged rapist was suspended and in 2021 she was told the case had been concluded, but was not told of the findings.

The case was reopened in 2023 by the Crown Office and remains under investigation.

Lianne discovered early on that her support officer was the same person who arrested the accused man, but this apparent conflict of interest was never followed up.

The data breach happened in July 2022 when a full download of her phone was put onto discs and three copies were made.

One went to her alleged abuser’s solicitor and another to his federation representative.

After learning about the data breach, Lianne called 101 to report it herself.

She said: ‘I wanted to have it investigated properly. I told them “Police Scotland have provided intimate images of me to a male who raped me”, then the call handler asked me to repeat myself, which I did. 

‘Then she began repeatedly saying this would never have happened.’

Lianne was told by Police Scotland that the breach had been reported to the ICO, but when she called for an update two months later, she discovered this was not true. It should have been reported within 72 hours.

The ICO eventually started an investigation in November 2023 which took more than two years to conclude. Head of investigations Sally-Anne Poole today said: ‘People should be able to trust that organisations will treat their personal information with care, fairness and respect.’

Lianne said she is satisfied with the outcome. She said: ‘The fact that Police Scotland have been fined shows the severity of the breach.’

However, she says she has not yet been shown the discs so does not know which intimate images were shared.

She said: ‘I still don’t know what these images are four years on, which has been torturous.’

‘The process has taken much longer than I anticipated. The rape happened six years ago, and that case is still ongoing.

‘I have been diagnosed with PTSD. It impacts my everyday life. My body has been under stress and trauma for years, it has meant I couldn’t sleep at night and I have been left with significant health issues.’

The impact has been so severe that she even avoids taking pictures with her daughter. She said: ‘We were in Edinburgh the other weekend, I just wanted to take a selfie. I can’t do that now. I only have a handful of photographs of me and my daughter together.’

Police Scotland said the breach was caused by ‘human error’.

Deputy Chief Constable Alan Speirs said: ‘We acknowledge the organisation did not meet expectations and regulations relating to data handling in regards to this matter. 

‘We have also apologised to those involved in this matter.’

A spokesperson added: ‘We acknowledge there was a delay in the reporting process and have implemented processes to minimise the risk of this occurring again in the future.’

A report on the rape allegations has been submitted to the Crown Office.

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