I have smelled some Cannabis in the bag of Ursula von der Leyen. Quick! search her phone before she deletes everything again.
What’s up with this bullshit? We caught you doing something small, so now we have the right to invade your whole life and look for more things to bust you for? This is outright abuse of civil liberties.
The court demands local legislation to define where it is allowed, and requires a court approval to weigh interests of privacy vs investigation.
It’s really not about police randomly deciding to access phone data.
except in the most urgent cases.
you left that out. That and considering what the case was actually about casts a doubt on your joyful analysis.
I automatically interpreted the title meant crimes involving minors. The truth didn’t even register as a possibility…
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By the time we get there it might just be habitable.
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
