EU court rules police can access mobile data without serious crime suspicions

By Aysu Bicer

LONDON (AA) - European police can access data on mobile phones even when individuals are not suspected of serious crimes, the EU's top court ruled on Friday.

The Court of Justice of the EU determined that limiting police access to mobile phone data only in cases involving serious crimes would undermine law enforcement’s investigative powers.

The court emphasized that such restrictions could lead to an "increased risk of impunity for criminal offenses."

However, judges ruled that access to mobile phone data should still be subject to prior judicial review by an independent authority, except in the most urgent circumstances.

The ruling stems from a case in Austria, where police seized the mobile phone of an individual who received a parcel containing 85 grams of cannabis.

The unnamed person challenged the seizure, arguing that accessing his mobile phone data was disproportionate to the crime he was suspected of committing.

Digital rights group European Digital Rights criticized the decision, warning of the broader implications for privacy.

In an analysis last year, the rights group highlighted the risks of accessing mobile phone data, saying that there is no technical way to limit police access to specific information on the device.

This means authorities could potentially have full access to all personal data stored on the phone, including contacts, messages, and photos.

The CJEU’s decision is likely to fuel debates over privacy and security, as police access to personal devices becomes a growing concern across the EU.