ECJ: Mobile phones may be searched in cases of petty crime --[Reported by Umva mag]

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Brussels – The police may access personal data stored on a mobile phone under certain conditions, even if it is not a case of serious crime: This was the ruling by the European Court of Justice in Luxembourg on Friday in response to a request submitted by an Austrian court. The police had tried to access data from a mobile phone confiscated during a search for suspected cannabis without the suspect’s knowledge.

The Austrian judges asked their EU colleagues for an interpretation of EU data protection regulations as well as the EU Charter of Fundamental Rights. The ECJ was asked whether data may only be accessed in the case of serious crime and whether judicial authorization is required for this. Thirdly, the question was whether the person concerned must be informed. This person had lodged a complaint with an Austrian court against the seizure of his mobile phone. It was only during this procedure that he learned of the attempts to unlock it.

In its ruling, the Court makes it clear that the relevant Union regulation applies not only to the case of successful access to personal data stored on a mobile phone but also to an attempt. Access to this data could constitute a serious interference with the fundamental rights of the affected person.

According to the judges, the severity of the crime is one of the key points in assessing the proportionality of access. However, if only the fight against serious crime would enable access, the investigative powers of the competent authorities would be unduly restricted. According to the judges, a prerequisite for access is prior control by a court or an independent administrative body as well as informing the person concerned.

The ECJ never rules on individual cases; it only provides an assessment of the interpretation of EU law. The judgment is made by the requesting court. (10/04/2024)

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