this post was submitted on 06 Oct 2024
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[โ€“] Kissaki 8 points 1 month ago* (last edited 1 month ago)

From the court press release:

Access by the police, in the context of a criminal investigation, to the personal data stored on a mobile telephone may constitute a serious, or even particularly serious, interference with the fundamental rights of the data subject. However, it is not necessarily limited to the fight against serious crime. The national legislature must define the factors to be taken into account for such access, such as the nature or categories of the offences concerned. In order to ensure compliance with the principle of proportionality in each specific case, the examination of which involves weighing all the relevant factors of the individual case, that access must, moreover, be subject to prior authorisation by a court or an independent authority, save in duly substantiated cases of urgency. The data subject must be informed of the grounds for the authorisation as soon as the provision of this information is no longer likely to jeopardise the investigations.

  • National law needs to define when police may access
  • A court must approve - weighing proportionality
  • Only in duly substantiated cases of urgency court approval may be skipped
  • The subject must be informed once that act no longer jeopardizes the investigation