Limits to police investigation smartphone

Tuesday the Supreme Court has set limits on the police investigation into smartphones of suspects.

The police may search a smartphone like this does not go beyond a limited invasion of privacy. But when all the data are read using tracking software and a complete picture of the suspect, then that is only possible with the consent of a prosecutor or judge.

A case of a drug smuggler arrested in 2014 at Schiphol is therefore referred back to the Court of appeal in Amsterdam. There must again be looked into the matter. The Court must assess whether the figure out all the contacts, the call history, messages and private pictures of the suspect not to a major breach is made on the private life of the suspect.

Counsel for the defendant had the privacy violation to the High Council. He argues that searching his smartphone are right to privacy (article 8 European Convention on human rights) has been violated. For that reason it would be on the phone found information may not be used as evidence.


According to the Supreme Court have a possibly illegal investigation into the smartphone does not necessarily mean that evidence must be excluded. The Court of justice must be a judge or a possible breach of privacy should have consequences and if so, which one.

In the judgment is also points out the lack of a legal framework. The Ministry of security and Justice has informed the Second Room there to work on.

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