Screening of mobile devices – how things are in the world
Photo – Giu vicente – Unsplash
British practices
In the UK there is a law Police and Criminal Evidence Act (About police and evidence in criminal cases). It allows law enforcement agencies to freely examine information on suspects’ electronic gadgets – they don’t need to get a warrant.
The police are also allowed to use special systems to read data on locked smartphones. A large batch of such devices at the beginning of the year purchased Scottish police. They allow you to bypass encryption and retrieve social media messages and call logs.
Public opinion
Recently, lawyers and politicians in the country are increasingly raising questions of the legality of such practices. Representatives of the Human Rights Commission and some Members of the Scottish Parliament saythat devices to jailbreak mobile devices should be illegal, as they violate the right to privacy.
A number of security experts are also concerned about the fact that uncontrolled screening of smartphones poses a threat to the security of personal data. In 2015 it was already precedentwhen PDs from dozens of smartphones ended up in the hands of a third party. According to lawyers, this fact proves that the country’s police are not yet ready to work with such tools.
Graham Wood, an employee of the human rights organization Privacy International, is calling for a review of the law and requiring law enforcement to receive a warrant to search smartphones and tablets, with a good reason. In turn, representatives of the UK National Council of Chiefs of Police give an alternative opinionthat searching devices and the ability to quickly examine a suspect’s correspondence are valuable tools in investigations. They are indispensable in the early stages of the investigation, as they allow you to quickly obtain information and continue work in hot pursuit.
Photo – Giu vicente – Unsplash
Talks about reforming the legislation have been going on since at least 2012, but there have been no serious advances in this direction. Perhaps in the future, the British regulator will follow the example of its American counterparts and revise the policy of screening mobile devices.
What’s in other countries
Australia’s policy on mobile phone searches is stricter than its British counterparts. There, law enforcement officers are required to have a search warrant for smartphones, tablets and laptops. Moreover, they must receive special order to search journalists’ gadgets… But at the same time in the country the law is in effectwhich allows the police to ask the device or software company for encryption codes to access files and messages. It also comes under heavy public criticism.
If we talk about Germany, then law enforcement and customs services have the right to inspect the smartphones of refugees who are unable to provide a passport. It is believed that this way you can “weed out” those who want to get asylum without good reason. This practice is also criticized by various lawyers and refugees themselves, considering it ineffective. This year a group of emigrants filed a lawsuit to the German government. They say that screening mobile devices only violates human rights and is ineffective. The hearings will be held in the near future, and their result may set a precedent that can become a starting point for changing legislation.
What we write about in the corporate blog 1cloud.ru:
Why the EU is eradicating cookie wallsWe analyze recommendations for the protection of personal data and information security – what you should pay attention toInspection of electronic devices at the border – a necessity or a violation of human rights?
A selection of books on cybersecurity
