New ECJ ruling

Police may access personal cell phone data

The police may access personal cell phone data even if it is not a case of serious crime. This was decided by the European Court of Justice (ECJ) in Luxembourg on Friday (see video above). The request was submitted by an Austrian court.

In this case, the police had attempted to access data from a confiscated cell phone. This had been targeted during a house search on suspicion of cannabis, the suspect was unaware of the data retrieval.

The case went to court and the Austrian judges asked the ECJ whether data could only be accessed in cases of serious crime and whether judicial authorization was required. The question was also raised as to whether the person concerned should be informed. The latter had lodged a complaint against the seizure of his cell phone.

Court approval required
The ECJ has now ruled that the police may access personal data even if it is not a case of serious crime. This is the case for both successful access and failed attempts. According to the judges, the prerequisite is that a court or an independent administrative body must give its approval. Those affected must also be informed.

Although the seriousness of the crime plays a role in the proportionality of access, the limitation to serious crime would restrict the authorities' investigative powers, according to the judges in Luxembourg.