European Court of Justice: Police may search phone for minor crimes

The European Court of Justice has ruled that police services may search the telephones of persons involved in minor crimes. EU member states must have a clear legislative framework for this and prior permission is required for non-urgent cases.

"If access to data on mobile phones is restricted to serious crimes, this could seriously limit the investigative capabilities of the authorities," the Court wrote in a press release . According to the Court, the risk of impunity for criminal offences could also increase in that case. The Court stipulates that EU Member States must have a legislative framework in place that specifies with sufficient precision when and in which cases an interference with a person's private life is legally valid, and in which cases it is not. Law enforcement agencies that wish to access data on a data subject's mobile phone must, in non-urgent cases, obtain prior consent. Such consent may be granted by a judge or by an independent administrative authority. The data subject whose data is accessed must also be informed of the grounds on which such consent was given.

The European Court of Justice is providing further clarification on a recent court case in Austria, in which a suspect's mobile phone was accessed by the police. The suspect, who was arrested after being caught with 85 grams of cannabis, had sued the police for taking his phone and attempting to search it.

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Source: https://tweakers.net/nieuws/227336/europees-hof-van-justitie-politie-mag-telefoon-doorzoeken-bij-kleine-misdrijven.html