Photo - Giu Vicente - Unsplash
British practices
The Police and Criminal Evidence Act is in force in the UK . 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. The Scottish police bought a large batch of such devices at the beginning of the year . They allow you to bypass encryption and extract social media messages and call logs.
Public opinion
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A number of security experts are also worried about the fact that uncontrolled screening of smartphones poses a threat to the security of personal data. In 2015, there was already a precedent when 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 legislation and requiring law enforcement officers 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 express 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 an investigation, as they allow you to quickly obtain information and continue work in hot pursuit.
Photo - Giu Vicente - Unsplash
Talks about reforming legislation have been going on since at least 2012, but there has been no serious progress 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 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 a special warrant to search journalists' gadgets . But at the same time, there is a law in the country that allows the police to request encryption codes from the device or software developer company to access files and messages. It has also come 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 expatriates filed a lawsuit against 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.
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