Limits to police investigation smartphone

the hague - The Supreme Court Tuesday limits on the police investigation into smartphones suspects. The police may search a smartphone as it does not go beyond a limited invasion of privacy.

But when all the data is read using tracking software and a complete picture of the suspect, it is only possible with the permission of a prosecutor or judge.

A case of 2014 at Schiphol arrested drug smuggler is therefore referred back to the Court of Appeal in Amsterdam. There must be re-examined the issue. The court must assess whether the collection of all the contacts, call history, messages, private photos of the suspect is not an excessive infringement of privacy of the suspect.

Counsel for the accused had the privacy breach at the Supreme Court seized. He states that violate the search of his smartphone right to privacy (Article 8 European Convention on Human Rights). For this reason, the information found in the phone should not be used as evidence.

The Supreme Court does any unlawful investigation does not necessarily mean the smartphone that the evidence should be excluded. The court must judge whether a possible infringement of the privacy implications should have and if so, what.

The judgment also noted the absence of legislation. The Ministry of Security and Justice informed the Lower House to work on it.